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Publication

June 15, 2007Client Alert

Increase in Fees for Permanent Residence Applications, Professional Temporary Worker Petitions, and Other Filings

U.S. Citizenship and Immigration Services has implemented an increase in the filing fees for certain immigration petitions and applications, effective July 30, 2007.

Adjustment of Status (Green Card) Applications

  • The filing fee for Form I-140, Immigrant Petition for Alien Worker, which is filed as the second step in the employment-related permanent residence application process, will increase from $195 to $475.
  • The filing fee for Form I-485, Application to Register Permanent Residence or Adjust Status, which is filed as the final step in the permanent residence application process, will increase from $325 per individual ($225 per child under the age of fourteen) to $930 per individual ($600 per child under the age of fourteen when the child’s application is filed concurrently with the application of a parent). However, this increased fee, unlike the current I-485 fee, will include the costs of the employment authorization document and the advance parole travel documents. Applicants will no longer be required to file three separate applications for adjustment of status, employment authorization, and travel documents. Employment authorization and travel documents will now be provided automatically to all adjustment of status applicants, including children.
  • Adjustment of status applicants (fourteen years or older) are also required to pay a Biometrics Fee, which will increase from $70 to $80.
  • If it becomes necessary to file a subsequent application for employment authorization, the applicant must file Form I-765, the fee for which will increase from $180 to $340.
  • If it becomes necessary to file a subsequent application for travel documents, the applicant must file Form I-131, the fee for which will increase from $170 to $305.

H-1B Petitions

  • Employers who seek to hire temporary professional workers in H-1B status must file Form I-129, the fee for which will increase from $190 to $320. The other filing fees associated with H-1B petitions remain the same. These other fees include the H-1B Data Collection and Filing Fee of $1500 ($750 for employers with 25 or fewer full-times employees) and the Fraud prevention and Detection Fee of $500. The optional Premium Processing Filing Fee also remains the same at $1000.
  • To obtain, extend, or change status, the dependants of H-1B employees must file Form I-539, the fee for which will increase from $200 to $300.

Other Fee Increases

  • To replace a lost or destroyed I-94 Arrival/Departure Record, a foreign national must file Form I-102, the fee for which will increase from $160 to $320.
  • To replace, renew, or amend a Permanent Resident Card, a foreign national must file Form I-90, the fee for which will increase from $260 to $290.
  • To apply for citizenship, a foreign national must file Form N-400, Application for Naturalization, the fee for which will increase from $330 to $595. A biometrics fee of $80 is also necessary for this application.

If you have any questions regarding the fee increases, or if you are interested in filing any of the above-listed forms before the fee increases take effect on July 30, 2007, please contact José A. Olivieri at 414.225.4967, or jaolivieri@michaelbest.com, or Kelly M. Fortier at 414.277.3460, or kmfortier@michaelbest.com.

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