Recent changes by USCIS, including those involving EAD or parole applications when filed with an I-485 "green card" application, have confused employers and workers alike
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
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.
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