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USCIS Fee Adjustments -May 15, 2004

Effective April 30, 2004 , U.S. Citizenship and Immigration Services implemented a new fee schedule for immigration benefits. The USCIS press release may be found HERE; the fees which now apply to all filings and the fee schedule may be found HERE. As in the past, failure to include the proper fee with any application will result in the application being returned without processing, resulting in unnecessary delay and the potential for untimely filing.

The fees add an average of $55 to the current cost of immigration benefit applications and $20 to the biometric (fingerprinting) fee for certain applications. The adjustments are to recover costs due to security enhancements after September 11, 2001 and to enhance customer service with improved application processing times.

For both employment and family-based adjustment of status cases, which may involve a number of applications such as those for derivative family members, the fee adjustment can represent a substantial increase in cost, with little prospect for immediate gains in processing times. Taking into account the cost of required medical examinations, required fees for a typical immigrant petition with accompanying applications to adjust status, for advance parole, and employment authorization for a family may amount to over $1,000. For example, the cost of typical filing fees alone in a single family-based case is now as follows:
Petition for Alien Relative $185
Application to Adjust Status $315
Employment Authorization $175
Advance Parole $190
Fingerprinting $ 70
For employers sponsoring nonimmigrant applicants such as those seeking H-1B status, the fee increase is not as pronounced. Also, the fee for the USCIS premium processing service remains $1,000 per application.

Please contact Matthew S. Raynes, mraynes@eatonpeabody.com, for further information.

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