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David Lin, Immigration Attorney, Fee Chart

Filing Fees and Attorney Fees Overview

Filing fees are charges set by the United States Citizenship and Immigration Services (USCIS) that cover the cost of processing immigration petitions and applications, as well as other pre-determined procedures.

The initial filing fee must be received by me before I submit your application or petition to the USCIS.

Attorney fees are what I charge for the professional services I provide to you.

The initial attorney fee is due when an agreement is reached for me to represent you.

Fees due upon approval, if applicable, are paid when your petition or application is approved by the USCIS.

All fees are educated estimates and may vary depending upon the difficulty and specific facts of each individual case.I will, however, always present the fees to you up front and in writing so that there are no surprises.


My fees are competitive for the comprehensive, hands-on level of service I provide. Click here to see legal fees normally charged by other immigration attorneys and compare them to my rates listed below.

Filing Fees and Attorney Fees Structure

The fees quoted below for family, employment-based immigration, and investment-based immigration are for the petition process only.When the petition is approved by the USCIS it means you are then eligible under U.S. immigration law to apply for permanent residency.At that point, you will need to engage in one of two processes—Consular Processing or Adjustment of Status—to obtain permanent residency status.Those procedures have both filing and attorney fees separate from the immigration petitions.

Filing fees for various Immigration petitions and Adjustment of Status applications are listed below.

Family Immigration:

Petition for Alien Relative--Immediate Relative (I-130) Filing Fee:$420

Attorney fee:$888

*If you are a United States citizen petitioning on behalf of your spouse or an unmarried child or children, or one or both parents, a petition is required for each person, and the filing and attorney fees apply to each individual petition.

 

All other I-130 Petitions Filing Fee:$420

Attorney fee:$1,168

*Please note in these instances, the spouse and the children of the person on whose behalf you are petitioning may also be covered at no additional charge.

Petition for Widow or Widower (I-360) Filing Fee:$405

Attorney fee:$1,168

*The attorney fee for this category may be negotiable if as a widow or widower you are currently under financial hardship.


Battered/Abused Spouses, Parents or Child(ren) of I-360 U.S. Citizens or Permanent Residents Filing Fee: $0.

Attorney Fee:Pay what you can afford.**

**I may consider waiving my fee if you are currently under financial hardship and only if the abuse is thoroughly documented by social workers and/or police.Although the attorney fee may be waived, you may still be responsible for the filing fees (but not attorney fees) relating to the subsequent Adjustment of Status application if USCIS does not grant fee waiver.

Employment-Based Immigration:

Immigrant Petition for Alien Worker (I-140) Filing Fee:$580

Attorney Fee:$2,500 initially plus an additional $2,000 upon approval of the petition

*These fees are also applicable to petitions for:

Persons of extraordinary ability

Outstanding professors or researchers

Executives or managers of multinational companies

*Workers with advanced academic degrees

*Professional workers

*Specifically skilled workers

*Note:While I do not charge additional attorney fees for Labor Certification or an Application for a National Interest Waiver when I prepare your I-140 application, you will be responsible for the costs of other required documentations which include, but are not limited to, credential evaluation and advertising fees.

Investment-Based Immigration (EB-5):

Investment Petition by Alien Entrepreneur (I-526) Filng Fee:$1,500

Attorney Fee:$5,000

*There are two forms of investment-based immigration—traditional and regional center (“pilot”) programs.Extra professional fees will be involved.Please contact me for more information.

Adjustment of Status:

Adjustment of Status refers to a procedure that allows foreign nationals already in the United States to become permanent residents without having to leave the U.S.This procedure is in addition to the petition processes listed above.

To gain permanent residency you must initiate the Adjustment of Status process or a procedure known as Consular Processing.The Adjustment of Status procedure is an alternative to the traditional Consular Processing wherein application for an immigrant visa is filed at a consular post abroad.

There are three striking benefits to choosing the Adjustment of Status procedure that include:

1.As an Adjustment of Status applicant you avoid the expense and inconvenience of travel to your home country to apply for an immigrant visa.

2.Adjustment of Status applicants, including dependent family members, are entitled to employment authorization and permission to travel while the Adjustment of Status application is pending.

3.Employment-based Adjustment of Status applicants enjoy job mobility.

Adjustment of Status Filing Fee (I-485) for Applicants Over the Age of 14:$1,070

*Note:The $1,070 filing fee includes necessary filing fees for the applications for employment authorization (I-765) and advance parole (I-131,) and as of 2007 this filing fee amount is required even if you decide not to submit the employment authorization or advance parole applications with the Adjustment of Status application.

Adjustment of Status (I-485) (for applicants under the age of 14 if filed with the application of at least one parent) Filing Fee:$635

Adjustment of Status (I-485) (for applicants under the age of 14 if filed without the application of at least one parent) Filing Fee:$985

Attorney Fee: I usually charge $1,000 for this service. However, for family-related immigration clients, this fee is negotiable if you use me for other related immigration services.

Conditional Residence Removal:

A person is granted a two-year conditional residency if he or she gains residency status based on a marriage of less than two years.Likewise, a person is granted a two-year conditional residency when he or she gains residency via an investment-based petition.

During the two years, the conditional resident has the same rights and responsibilities as other permanent residents, including the right to live and work in the U.S. and to file petitions or behalf of certain relatives.However, at the conclusion of the two years, the conditional resident must apply for the removal of his or her conditional status in order to become a full-fledged permanent resident.

 

Petition to Remove the Conditions of Residence (I-751) Filing Fee:$590

Attorney Fee:$1,168

Petition by Entrepreneur to Remove Conditions of Residence (I-829) Filing Fee:$3,835 (Note: This is the total of the application fee of $3,750 plus a biometric services fee of $85. An additional biometric services fee of $85 must be paid for each conditional resident dependent listed under Part 3 or Part 4 of Form I-829.)

Attorney Fee:$3,312 initially plus $1,688 upon approval of the petition

Citizenship and Naturalization Services:

I encourage all eligible persons to apply for citizenship.U.S. citizenship provides many benefits, some of which include:

  • ·The ability to apply for immigration for family members who do not have green cards
  • ·The ability to travel abroad without worrying about re-entry permits or the fear of losing legal status
  • ·The convenience of not having to renew lawful citizen status
  • ·The eligibility to work for the federal government and apply for certain state jobs

Application for Naturalization (N-400) Filing Fee:$680

Attorney Fee:$600**

**As incentive to help you naturalize and become a U.S. citizen, I will forgo 50% of the attorney fee for this application if you file in a timely manner.I will charge only the filing fee and an attorney fee of $300 for this transaction provided there are no criminal or admissibility issues involved.


Certificate of Citizenship Services:

The Certificate of Citizenship is a document issued by the U.S. government as proof that a person is a U.S. citizen.For example, an individual under the age of 18 who obtains U.S. citizenship as a result of his or her parents becoming U.S. citizens by way of naturalization (commonly known as a “derivative citizen”,) or by being born outside the United States to U.S. citizen parents, can apply for a Certificate of Citizenship as proof of legal U.S. citizen status.

Application of Certificate of Citizenship (N-600/ N-600K) Filing Fee:$600

Attorney Fee:$1,000 initially plus $888 upon the approval of the application

Note:I usually advise a “derivative citizen” to get a U.S. passport as proof of citizenship.It is faster and less expensive than obtaining a Certificate of Citizenship.A U.S. passport qualifies as proof of U.S. citizenship for almost all purposes.However, there are exceptions, like applying for a government job or public assistance benefits.In those instances, even with a U.S. passport, a Certificate of Citizenship would be required.

There have been reported instances of passport clerks requiring a Certificate of Citizenship from a “derivative citizen” before issuing a passport.This behavior is incorrect.If you are a “derivative citizen” and this happens to you, the best course of action is to ask for a supervisor at the passport office.You do not need the Certificate of Citizenship to obtain the passport, but you do need to provide the following:

1.A copy of your parent’s naturalization certificate

2.A copy of your birth certificate or adoption papers showing that the naturalized person is your parent

3.A copy of your green card

4.Proof, like school or medical records, that you live with your parent

For your convenience, you may make a photocopy of the parent’s Certificate of Naturalization to file with your documents when obtaining a passport.While the Certificate states that it is illegal to photocopy it, doing so for the sole purpose of obtaining your passport is permitted.You will, however, need to take the original Certificate with you so that the passport clerk can compare the original to the photocopy.

Non-Immigrant Visa / Status Services:

 

H-1B Special Occupation Workers Filing Fees:

$325 for I-129 application

$500 for Fraud Prevention fees (if applicable)

$750 ACWIA fees (under 26 employees)

$1500 ACWIA fees (over 26 employees)

Attorney fee: $1888
Extra professional fees: Extra professional fees will be charged for cases in which credential evaluation is needed or a recruitment process is required.

Note: On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014. These additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A and L-1B) nonimmigrant status.

E-1/E-2 Treaty Traders/ Investors (I-129) Filing Fee: $325

Attorney Fee: $2888

Extra professional fees:Extra professional fees will be charged for cases involving the drafting of a business plan as a support document for the petition.Other filing fees will be involved if you choose consular processing. Please contact me for more information.

 

L Intra-Company Transfer Filing Fees:

$325 for I-129 application

$500 for Fraud Prevention fees (if applicable)

Attorney Fee: $1,888 initially plus an additional $1,688 upon approval of the petition

Extra professional fees:Extra professional fees will be charged for cases involving newly open offices.

Note: On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014. These additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A and L-1B) nonimmigrant status.

 

F-1 Students (I-539) Filing Fee: $290

Attorney Fee: $888

 

B-1/2 Visitors(I-539) Filing Fee: $290

Attorney Fee: $888

 

B/E/F/H/L Dependent Petitions (I-539) Filing Fee: $290

Attorney Fee:$500 for the spouse's petition and $300 for each child's petition.

 

K-1 Fiancé/ Fiancée Visa (I-129F) Filing Fee: $340(excluding consular processing fees)
Attorney Fee: $1500 (including assistance with consular application forms)

K-3 Spouse Visa (I-129F) Filing Fee: $0 (excluding applicable consular processing fees)

Attorney Fee: $1500 (including assistance with consular application forms)

 

Understanding The Fees:

While I make every attempt to keep the fee schedule current and relevant, the fees may require adjustment based on extraordinary circumstances.If you believe your circumstances do not fall within the guidelines as listed, please contact me directly to discuss your situation.My goal is that you have a clear understanding of all costs.I don’t believe in surprises, and neither should you.Open communication regarding every aspect of your case, including fees, is a priority for me.