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How USCIS Sets Fees and Why They Keep Rising

March 15, 2026·One Way Editorial·~4 min read
How USCIS Sets Fees and Why They Keep Rising

Few facts about the immigration system surprise people more than this one: USCIS sets fees because it has to live on them. Unlike most federal agencies, USCIS is funded roughly 96 percent by the filing fees applicants pay, not by taxpayer appropriations. That single design choice explains why fees keep rising, why backlogs and budgets are linked, and why the price of your green card is really a bill for running an entire agency.

The fee-for-service bargain

Congress built USCIS as a fee-funded operation: users pay, taxpayers largely do not. There is a fair-minded logic to it. The people benefiting from adjudications fund them, and the agency's budget scales with demand. The weakness showed in 2020, when application volume collapsed during the pandemic and the agency nearly furloughed most of its workforce. When your revenue is filings, a slow year is a budget crisis, and a budget crisis becomes next year's backlog.

How the price tags are actually calculated

Every few years USCIS runs a fee review, essentially an accounting exercise: project workload, total up the cost of adjudicators, biometrics, fraud detection, IT, and overhead, then divide those costs across the projected filings. The proposal goes through notice-and-comment rulemaking, where the public can object, and often does by the thousands. The last completed cycle produced the April 2024 fee rule, the first major increase since 2016, which raised many employer-petition fees sharply, added a 600 dollar Asylum Program Fee to most employer filings to cross-subsidize the asylum system, and gave discounts for online filing and for small employers and nonprofits.

Why the direction is always up

Several forces push fees higher each cycle:

Separately, Congress itself sometimes legislates fees: the 2025 reconciliation law added new statutory charges in several humanitarian and status categories, layered on top of USCIS's own schedule.

Does more money buy faster service?

Sometimes. To its credit, USCIS paired the 2024 increases with real progress: median processing times for several key forms improved, and naturalization timelines dropped substantially from their 2021 peak. But there is no enforceable service guarantee tied to your fee, outside premium processing's refundable clock. A customer paying premium prices deserves premium accountability, and applicants are right to demand the agency keep publishing honest processing data and hitting its own cycle-time goals.

What this means for you

Treat fees as a planning variable, not a surprise:

The fee system is imperfect, but it is knowable. Applicants who watch the rulemaking calendar can save real money by simply filing on the right side of an effective date.

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