Increased USCIS Fees Possible
Posted Oct 27, 2006
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The Director of the U.S. Citizenship and Immigration Services (USCIS), Emilio Gonzalez, stated in an interview with the New York Times that he is recommending a significant increase in USCIS fees to cover the cost of processing applications. While the article specifically mentions naturalization applications, it does not clearly limit the recommended increase only to this application. It is possible, therefore, that many applications and petitions processed by the USCIS could be affected by his recommendation.
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History of USCIS Fee Increases
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Historically, fee increases have covered a spectrum of applications and petitions. The increase generally is published as a proposed rule in the Federal Register, afforded time for public comment, and then implemented as a final rule. As of this writing, the USCIS has not issued a proposed fee increase. It is always best to check for proper filing fees if there is any question. The latest forms and fees on the USCIS WebSite are accessible through MurthyDotCom via http://www.murthy.com/insforms.html. Applications and petitions requiring filing fees must be submitted with the correct fee in order to be accepted for filing, otherwise one risks losing legal status in the U.S. for failure to file the extension or change of status in a timely manner.
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Critique for Raising USCIS Filing Fees
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The USCIS has raised fees several times in the last few years. It is noted that there have been improvements in service, with respect to the processing times of many types of applications. While acknowledging that costs do need to increase from time to time, the increases are often significant and do not generally correlate to increases in the cost of living or improvements in the quality of service.
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The USCIS should carefully consider the reasons for recent significant fee increases, and whether some of the cost could be reduced by enhanced efficiency. We at the Murthy Law Firm find that our clients are willing to pay for improved services, such as premium processing. It is unfortunate that circumstances at times practically mandate the payment of the $1000 surcharge, simply to assure prompt service, however. We encourage the USCIS to continue its efforts toward improving processing times and making all efforts to keep fees at an affordable level, being cognizant that these costs impact both U.S. employers and foreign national workers and their families.