The Department of Homeland Security, U.S. Citizenship and Immigration Services, ("DHS") has announced its intention to dramatically raise the filing fees for nearly all petitions and applications. The complete proposed rule was published in the Federal Register on February 1, 2007 (Volume 72, Number 21, pages 4887-4915).

According to DHS, the fee increases will ensure appropriate funding to meet customer service needs and national security requirements, and modernize an outdated infrastructure. DHS’ stated goals include cutting processing times by the end of fiscal year 2008 (September 30, 2008) for key application types that represent a large proportion of all applications filed, including improving processing times from six to four months for the I-90 (Application to Renew / Replace Permanent Resident Card), I-140 (Immigration Petition for Alien Worker) and I-485 ("Green Card" Adjustment of Status to Permanent Resident), and improving processing times for N-400 (Naturalization) Applications from seven to five months. DHS also intends to transform the current paper-based data systems into digital processing and expand on-line services, including e-filing capabilities for both citizenship and immigrant related requests. Whether or not DHS can accomplish these goals remains to be seen.

One of the most dramatic increases will be for "Green Card" applications (Application to Adjust Status). This fee will jump from $325 to $905. DHS explains, however that this will include an initial application (Form I-765) for employment authorization and an application for an advance parole travel document (Form I-131); these will allow the person to work and to travel in and out of the U.S. while waiting for the "green card" application to be processed. DHS overlooks the fact, however, that not all "green card" applicants want or need to work or travel abroad while their Application to Adjust Status is being processed. Under the new fee schedule, it appears these people will have to pay the full fee of $905, whether or not they want or need the other two filings. In family-based cases, the US citizen will also have to pay an increased fee for Form I-131 (Petition for Alien Relative); this fee will go up from $190 to $355. The filing fee for a fiancee petition will go from $170 to $455.

The proposed new fee for naturalization (U.S. citizenship) will increase from $330 to $595. The fee to request an administrative hearing (essentially a second interview) on an adverse decision on a naturalization application will go from $265 to $605. Proposed fee increases for a number of other commonly filed petitions and applications are as follows:

• I-90 Application to Replace Permanent Resident Card: From $190 to $290
• I-102 Application for Replacement I-94 Arrival/Departure Card: From $160 to $320
• I-129 Petition for a Nonimmigrant Worker: From $190 to $320
• I-131 Application for Travel Document: From $170 to $305
• I-140 Immigrant Petition for Alien Worker: From $195 to $475
• I-539 Application to Extend/Change Nonimmigrant Status: From $200 to $300
• I-751 Petition to Remove the Conditions on Residence: From $205 to $465
• I-765 Application for Employment Authorization: From $180 to $340

The proposed new regulations will, for humanitarian reasons, exempt applicants from paying a fee from certain initial applications for benefits, including asylum, T-visa status (for Victims of Human Trafficking), and applicants seeking immigrant classification under the Violence Against Women Act.

You may submit comments on the proposed rule until April 2, 2007, by email at http://www.regulations.gov or OSComments@dhs.gov or via regular mail addressed to Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. Please be sure to refer to DHS Docket No. USCIS-2006-0044.

The new fees are intended to take effect sixty days after the public comment period closes, which would be June 1, 2007.