Separate filing fees required for I-765 and I-131 when filing I-485 after April 1, 2024.

Posted on Jun 18, 2024 by Chris Prescott

Separate filing fees required for I-765 and I-131 when filing I-485 after April 1, 2024.

It’s been 3 months since the United States Citizenship and Immigration Services (USCIS) implemented significant fee increase, including the fee for the Form I-485, Application to Register Permanent Residence or Adjust Status. Previously. 

The previous fee for Form I-485 was $1,225, which included the cost of concurrently applying for both the Employment Authorization Document (EAD) via Form I-765 and the Advance Parole (AP) travel document via Form I-131. However, USCIS has revised this policy, and the new fee for Form I-485 is now $1,440. Moreover, applicants must now pay separate fees for the EAD and AP if they wish to apply for these benefits.

New Fee Structure Effective April 1, 2024

**Form I-485 (Application to Register Permanent Residence or Adjust Status): $1,440**

The base fee for the I-485 has increased from $1,225 to $1,440. This fee does not include the costs for the EAD and AP applications.

**Form I-765 (Application for Employment Authorization): $260**

Previously included in the I-485 fee, the Form I-765 now requires a separate fee of $260. This form allows applicants to request work authorization while their I-485 is pending.

**Form I-131 (Application for Travel Document): $630**

Similarly, the fee for Form I-131, which is used to apply for a travel document (Advance Parole), now stands at $630, separate from the I-485 fee.

 

 

Key Points to Remember
  1. **Separate Fees for Additional Benefits:** As of April 1, 2024, applicants must budget for the increased cost of filing for permanent residence. This includes the separate fees for obtaining work authorization and travel documents, which were previously bundled with the I-485 fee.
  2. **Total Cost Calculation:** For those seeking all three benefits (adjustment of status, employment authorization, and travel document), the total cost will be:

   – $1,440 (I-485)

   – $260 (I-765)

   – $630 (I-131)

   – **Total: $2,330 per applicant**

  1. **Implementation Date:** This fee structure applies to all applications filed on or after April 1, 2024. Applications filed before this date are subject to the previous fee structure.

Those applying to renew their employment authorization and travel document will not need to pay separate fees provided their I-485 was filed prior to April 1, 2024.

Action Items for Applicants
  1. **Budget Accordingly:** Prepare for the increased financial requirements if you plan to file for adjustment of status and associated benefits.
  2. **Check for Updates:** Always verify the current fees and forms on the USCIS website before filing, as fees and policies can change.  Also, the processing times for the travel document can vary depending on the service center.  USCIS no longer adjudicates employment authorizations and travel documents at the same time.  Sometimes the processing time for the travel document is longer than the I-485 adjudication times.  This means you may pay $630 for the travel document and never receive it if the I-485 is adjudicated first.
  3. **Prepare Documents Separately:** Ensure that each application (I-485, I-765, and I-131) is complete and includes the correct fee. Incomplete submissions or incorrect fee payments may result in delays or rejections.
  4. **Consult Legal Counsel:** If you have any doubts or need personalized guidance, consider consulting with an immigration attorney who can help navigate the complexities of the application process.
Conclusion

The recent changes by USCIS reflect an increased cost for those seeking adjustment of status, emphasizing the importance of planning and preparation. By understanding the new fee structure and ensuring all required applications and payments are correctly submitted, applicants can avoid potential setbacks and continue their path towards permanent residency smoothly. 

If you have any questions regarding the above, please contact PLG Partner Chris Prescott at cprescott@patellegal.com.