United States: Immigration Fees Increase; November Cut-Off Dates See Little Movement

November Visa Bulletin

The November 2010 Visa Bulletin indicates that visas in the Employment-Based First and Second Preference categories (EB-1 and EB-2) are current, with the exception of EB-2 applications from Mainland China and India. The cut-off date for Chinese nationals in the EB-2 category advanced by a week to June 1, 2006, and there was no movement for Indian nationals, whose cut-off date remains at May 8, 2006. Priority dates in the Employment-Based Third Preference category (EB-3) advanced by almost two weeks for all nationalities, except for nationals from India and Mexico, for whom the dates advanced approximately one week. Similarly, the dates for the Other Workers category inched forward by a week.

Employment-Based Preference Category All Chargeability Areas Except Those Listed China—Mainland Born India Mexico Philippines
EB-1 Current Current Current Current Current
EB-2 Current June 1, 2006 May 8, 2006 Current Current
EB-3 Jan. 22, 2005 Nov. 22, 2003 Jan. 22, 2002 May 1, 2001 Jan. 22, 2005

Immigration Filing Fees Increase on November 23, 2010

Effective on Tuesday, November 23, 2010, the filing fees for almost all U.S. Citizenship and Immigration Services (USCIS) immigration applications and petitions will increase by approximately 10 percent. The fee increase follows in the wake of a mandatory fee review conducted by USCIS every two years to determine whether the agency is capable of meeting its budget, 90 percent of which is derived from fees paid by applicants and petitioners seeking immigration benefits. The final rule on the fee increase was published in the Federal Register on September 24, 2010.

Businesses filing I-140 petitions for immigrant workers will face an increase of over $100. Premium processing fees will be raised by $225. Adjustment of status fees will increase by $55, and fees associated with I-129 petitions for nonimmigrant workers will increase by $5. Additionally, three new fees will be imposed:

  1. to establish a regional center designation under the Immigrant Investor Pilot Program (EB-5);
  2. for individuals seeking civil surgeon designation; and
  3. for recovery of the cost of processing immigrant visas granted by the U.S. Department of State. Reductions in fees will go into effect for the following six individual applications and petitions:
  • Petition for Alien Fiancé(e) (Form I-129F);
  • Application to Extend/Change Nonimmigrant Status (Form I-539);
  • Application to Adjust Status from Temporary to Permanent Resident (Form I-698);
  • Application for Family Unity Benefits (Form I-817);
  • Application for Replacement Naturalization/Citizenship Document (Form N-565); and
  • Application for Travel Document (Form I-131), when filed for Refugee Travel Document.

A complete schedule of the adjusted fees that will take effect on November 23, 2010, alongside the existing fees in effect until that date, can be found at the USCIS website.

The schedule is below:

Form No. Application / Petition Description Existing Fees (effective through Nov. 22, 2010) Adjusted Fees (effective from Nov. 23, 2010)
I-90 Application to Replace Permanent Resident Card $290 $365
I-102 Application for Replacement / Initial Nonimmigrant Arrival-Departure Document $320 $330
I-129/129CW Petition for a Nonimmigrant Worker $320 $325
I-129F Petition for Alien Fiancé(e) $455 $340
I-130 Petition for Alien Relative $355 $420
I-131 Application for Travel Document $305 $360
I-140 Immigrant Petition for Alien Worker $475 $580
I-191 Application for Advance Permission to Return to Unrelinquished Domicile $545 $585
I-192 Application for Advance Permission to Enter as Nonimmigrant $545 $585
I-193 Application for Waiver of Passport and/or Visa $545 $585
I-212 Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal $545 $585
I-290B Notice of Appeal or Motion $585 $630
I-360 Petition for Amerasian, Widow(er), or Special Immigrant $375 $405
I-485 Application to Register Permanent Residence or Adjust Status $930 $985
I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500
I-539 Application to Extend / Change Nonimmigrant Status $300 $290
I-600/600A
I-800/800A
Petition to Classify Orphan as an Immediate Relative / Application for Advance Processing of Orphan Petition $670 $720
I-601 Application for Waiver of Ground of Excludability $545 $585
I-612 Application for Waiver of the Foreign Residence Requirement $545 $585
I-687 Application for Status as a Temporary Resident Under Sections 245A or 210 of the Immigration and Nationality Act $710 $1,130
I-690 Application for Waiver of Grounds of Inadmissibility $185 $200
I-694 Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act $545 $755
I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603) $1,370 $1,020
I-751 Petition to Remove the Conditions of Residence $465 $505
I-765 Application for Employment Authorization $340 $380
I-817 Application for Family Unity Benefits $440 $435
I-824 Application for Action on an Approved Application or Petition $340 $405
I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750
I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-110) $285 $285
I-907 Request for Premium Processing Service $1,000 $1,225
  Civil Surgeon Designation $0 $615
I-924 Application for Regional Center Under the Immigrant Investor Pilot Program $0 $6,230
N-300 Application to File Declaration of Intention $235 $250
N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650
N-400 Application for Naturalization $595 $595
N-470 Application to Preserve Residence for Naturalization Purposes $305 $330
N-565 Application for Replacement Naturalization/Citizenship Document $380 $345
N-600/600K Application for Certification of Citizenship / Application for Citizenship and Issuance of Certificate Under Section 322 $460 $600
  Immigrant Visa DHS Domestic Processing $0 $165
Biometrics Capturing, Processing, and Storing Biometric Information $80 $85

If you have any questions about this Alert, please contact any of the attorneys in our Employment, Labor, Benefits and Immigration Practice Group or the attorney in the firm with whom you are regularly in contact.

This article is for general information and does not include full legal analysis of the matters presented. It should not be construed or relied upon as legal advice or legal opinion on any specific facts or circumstances. The description of the results of any specific case or transaction contained herein does not mean or suggest that similar results can or could be obtained in any other matter. Each legal matter should be considered to be unique and subject to varying results. The invitation to contact the authors or attorneys in our firm is not a solicitation to provide professional services and should not be construed as a statement as to any availability to perform legal services in any jurisdiction in which such attorney is not permitted to practice.

Duane Morris LLP, a full-service law firm with more than 700 attorneys in 24 offices in the United States and internationally, offers innovative solutions to the legal and business challenges presented by today's evolving global markets.

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