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- November Visa Bulletin
- Immigration Filing Fees Increase on November 23, 2010
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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:
- to establish a regional center designation under the Immigrant Investor Pilot Program (EB-5);
- for individuals seeking civil surgeon designation; and
- 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 |
For Further Information
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.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.