Removing the Mystery From Immigration Filing Fees: Employment Authorization and Travel Document/Advance Parole Applications
The recent changes by the U.S. Citizenship & Immigration Services (USCIS) in filing fees for certain forms, effective April 1, 2024, have continued to cause confusion for employers and individuals trying to determine the correct application fees to pay. This advisory clarifies the filing fees for applications associated with an I-485 Application to Adjust Status, which is used to change from a temporary, nonimmigrant status to permanent resident status (also known as "green card" status), and the associated work and travel application fees.
Key Changes in Filing Fees
One significant change is the resumption of filing fees for the I-765 Application for Employment Authorization Document (EAD) and the I-131 Application for Travel Document (known as "Advance Parole") when filed with an I-485 application. Although EAD and Advance Parole applications always have had filing fees, applications filed between July 30, 2007, and April 1, 2024, were granted a waiver of these fees.
- Before April 1, 2024: The I-485 green card application filing fee for most cases was $1,225, with no additional fee for the EAD or Advance Parole applications, whether filed concurrently or later, or for subsequent renewals.
- As of April 1, 2024: The I-485 fee for most applicants increased to $1,440, with additional filing fees now required for the associated EAD ($260 fee) and Advance Parole ($630 fee).
However, this change does not affect individuals whose I-485 applications were filed before April 1, 2024. These individuals may continue to renew their EAD and Advance Parole applications without any filing fee, as long as the associated I-485 application remains pending.
Importance of Awareness
It is crucial for applicants and employers who sponsor foreign worker employees to be aware of this change and to be prepared to pay the additional required fees when submitting applications. Failure to pay the correct filing fees – including overpaying – could result in serious consequences, in particular, rejections, delays, or denials.
Summary of the Current Fee Structure
|
Form |
Fee Effective 4/1/24 |
|
I-485 Application to Register Permanent Residence or Adjust Status (with or without biometrics) |
$1,440 |
|
I-485 Application to Register Permanent Residence or Adjust Status (under the age of 14 in certain conditions) |
$950 |
|
I-131 Application for Travel Document (with or without biometric services) |
$630 |
|
Form I-131 based on a pending Form I-485 filed on or after July 30, 3007, and before April 1, 2024 |
$0 |
|
Form I-765 filed with Form I-485 filed after April 1, 2024 |
$260 |
|
Form I-765 based on a pending Form I-485 filed on or after July 30, 3007, and before April 1, 2024 |
$0 |
Calculating the fees in the chart, the new total cost for the I-485 with EAD and Advance Parole applications is $2,330, an increase from $1,225. For I-485 applications filed after April 1, EAD and Advance Parole application fees will be required to be paid again for renewals. Individuals who do not intend to work or travel abroad need not submit EAD or Advance Parole applications or pay the fees.
Overall, this sudden change underscores the importance of staying informed about the latest immigration policies and procedures as they can significantly impact an employer's ability to assist foreign national employees in obtaining the ability to work, travel, and maintain legal status in the United States.
Disclaimer
This advisory is a publication of Davis Wright Tremaine LLP. Our purpose in publishing this advisory is to inform our clients and friends of recent legal developments. It is not intended, nor should it be used, as a substitute for specific legal advice as legal counsel may only be given in response to inquiries regarding particular situations.