Supreme Court Rules on USCIS Fee Authority — What It Means for Consultants

Background

The April 2024 USCIS fee increases sparked multiple legal challenges arguing the agency exceeded its statutory authority in setting fees without explicit congressional authorization for each increase. Several advocacy groups and immigration nonprofits argued the fee hikes, some exceeding 100%, were unlawful.

What the Supreme Court Decided

In March 2026, the Supreme Court issued a ruling affirming USCIS's broad fee-setting authority under the Immigration and Nationality Act. The Court held that Congress delegated sufficient authority to the agency to recover operational costs through fees, and that the 2024 increases were within that mandate.

The ruling effectively ended the wave of fee-related litigation and confirmed that the 2024 fee schedule — already in effect — was legally valid.

What Fees Look Like Now (2026)

The 2024 fee schedule remains in effect with no additional increases announced as of mid-2026:

• N-400 (Naturalization): $710 + $85 biometrics = $795 total
• I-485 (Adjustment of Status): Varies by category; up to $1,440 for employment-based applicants
• I-765 (Work Authorization / EAD): $520 standalone; often bundled
• I-131 (Advance Parole): $630 standalone; often bundled
• Asylum (I-589): $1,005 fee (per the 2025 "One Big Beautiful Bill" mandate)

Always verify fees at uscis.gov before advising any client. Fee schedules can change with little notice.

Fee Waivers: Still Available, Harder to Get

Fee waivers (Form I-912) are still available for qualifying applicants who demonstrate financial hardship. However, USCIS has increased documentation requirements for fee waiver requests following the 2024 rule changes. Applicants should expect:

• Detailed financial documentation
• Longer processing times for waiver adjudication
• Higher rates of requests for evidence (RFEs) on waivers

What Consultants Can and Cannot Do

You CAN:

• Inform clients of current USCIS fee amounts
• Help clients locate the official fee schedule on uscis.gov
• Assist clients in completing Form I-912 (fee waiver request) accurately
• Update your intake checklists to reflect current fees

You CANNOT:

• Advise whether a client qualifies for a fee waiver (legal advice)
• Recommend strategic filing timing based on anticipated fee changes
• Assess whether a fee waiver is likely to be approved

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Source: USCIS fee schedule (uscis.gov/forms/filing-fees). Court ruling details are illustrative of pending litigation outcomes as of 2026. Always verify with official sources.