Department of Homeland Security Notice of Proposed Rulemaking (NPRM) - Comments due August 24
The filing fee for the Application for Naturalization (Form N-400) may increase from $760 to $1,330 for paper filings and from $710 to $1,280 for online filings. The Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) containing these details in the Federal Register on June 23. The document number is FR Doc. 2026-12542, and the responsible agency is U.S. Citizenship and Immigration Services (USCIS). Fee waivers and reduced fees for low-income individuals are also slated for elimination. The public comment period closes on August 24, and current fees will remain in effect until the final rule is confirmed and implemented. Naturalization is the final step for lawful permanent residents to obtain U.S. citizenship, and it is typically a once-in-a-lifetime application for an individual. Therefore, the impact of the fee increase on individuals and families will be significantly greater than for other renewal applications.
Impression range and target documents
“The N-400 paper filing fee will increase from $760 to $1,330, and the online filing fee will increase from $710 to $1,280.”
There are two types of documents covered by these proposed rules: the Application for Naturalization (Form N-400) and the Request for a Reconsideration Hearing (Form N-336), which is filed to request a reconsideration before an immigration officer after a naturalization application has been denied. For the N-400, the fee will increase from $760 to $1,330 for paper filings—a rise of 75%—and from $710 to $1,280 for online filings—an increase of 80%. In terms of the amount, this effectively adds $570 to the fee for paper filings and $570 to the fee for online filings. For the N-336, the fee for paper applications will increase from $830 to $1,475, and for online applications, from $780 to $1,425—an increase of 78% and 83%, respectively. Since Form N-336 is filed by applicants whose citizenship applications have been denied to request reconsideration, when viewed alongside the increase in the N-400 fee, this structure results in a simultaneous increase in costs for the entire process—from the initial application to the filing of an appeal.
The Department of Homeland Security cited that the current fees are insufficient to cover the actual labor and administrative costs for the entire screening process, including identity verification, background checks, and in-person interviews. The U.S. Citizenship and Immigration Services (USCIS) is an agency that covers most of its budget not from congressional appropriations but from application fees. Therefore, if screening personnel and procedures increase, those costs are directly reflected in the fees. The current fee structure was established in the fee rule revised in April 2024, and if the current proposal is finalized, it will be significantly adjusted again after only about two years of implementation. The perceived burden will be even greater for households where a married couple applies for citizenship separately. Assuming two people file on paper, the current combined fee is $1,520, but under the proposed increase, it would rise to $2,660. The burden will be even greater for households applying with children. While the current N-400 fee already includes the cost of biometrics processing such as fingerprinting, there are no additional separate items. However, this means that the entire increase in scope is directly reflected in the total cost of a single application.
Abolition of reduction/exemption system for low-income households
“Applicants whose income falls between 150% and 400% of the federal poverty line may apply for a reduced fee of $380, which is half the standard fee.”
Under current regulations, applicants whose household income falls between 150% and 400% of the federal poverty guidelines (the minimum cost-of-living threshold published annually by the government) may file Form N-400 for only $380, which is half the standard fee. This application is submitted by attaching proof of income to the relevant section of the N-400 form; no separate form is required. Applicants with an income of 150% or less may also apply for a full fee waiver using a separate form (Form I-912). This fee reduction range was narrowed from 1,501 TP3T to 2,001 TP3T under the 2016 regulations, but was recently expanded to 4,001 TP3T in the 2024 amendment. This proposed rule eliminates both the expanded fee reduction and exemption programs—which have been in place for less than two years—for both types of documents. The only exceptions are active-duty and former military personnel. Those applying under specific military service-related regulations will continue to be exempt from fees.
If the reduction and exemption system disappears, applicants who rely on a fixed income in retirement or those who have recently obtained permanent residency and whose income has not yet stabilized will bear the full brunt of the increase. For applicants who were previously eligible for reductions, their actual burden will more than triple, increasing from $380 to $1,330. When the revision was made in 2024, the Department of Homeland Security cited the principle that the naturalization application threshold should be lowered regardless of income level, as it benefits not only the individual applicant but also American society as a whole, as a reason for expanding the reduction brackets. This proposed rule reverses that direction, and this point is likely to become a major point of contention during the public comment period.
Fee increases amid enhanced scrutiny.
“Starting with applications received on October 20, 2025, citizenship applicants will be subject to a new oral exam, where they must answer 12 out of 20 questions correctly.”
This fee increase should be viewed in conjunction with the tightened examination process seen in recent years, rather than as an isolated matter. The citizenship oral exam has been updated with new criteria for applications submitted on or after October 20, 2025. Previously, applicants answered 10 out of 100 questions and passed if they answered 6 correctly. The new exam requires answering at least 12 out of 128 questions correctly. Both the number of questions and the number of correct answers required to pass have increased. A separate simplified 10-question format will remain for applicants aged 65 and over who have been permanent residents for 20 years or more. The examiner can end the test once the applicant answers 12 questions correctly, and conversely, can disqualify the applicant at that point if they answer 9 questions incorrectly.
The Department of Homeland Security stated in this proposed rule that it would adjust fees to accurately reflect the actual costs incurred throughout the screening process, including background checks, investigations, and interviews. The increase in examination questions and the stricter screening processes align with the fee increase. It is important to consider not only the higher cost of the application itself but also the increased time and expense associated with preparing for the exam and interviews, as the entire process becomes more costly and time-consuming. The new oral exam was previously attempted to be revised in 2020 but was withdrawn immediately after implementation, so it remains to be seen how the current 128-question system will be established in practice as applications are processed.
Practical implications of being in the proposal stage
“During the proposed rule stage, the current fees will continue to apply until the final rule is confirmed and enforced.”
There's one thing we need to clarify at this point. This announcement is a proposal, not a final rule. The Department of Homeland Security must go through a process of receiving public comments for 60 days under the Administrative Procedure Act, review them, and then finalize the rule. Comments can only be submitted online by searching for document number USCIS-2026-0265 on the regulations.gov website. The Department of Homeland Security has specified that comments sent by mail, email, or hand delivery will not be reviewed. There is no special format required for submitting comments; it is sufficient to specifically describe how the fee increase will affect your plans or your family's plans to apply for citizenship.
Even after the comment period ends, the Department of Homeland Security still has to review the submitted comments and finalize the rule, which means it may take additional time until it is officially implemented. In the past, other immigration-related fee rules have typically taken several months from proposal to final implementation. The current fee rule, implemented in April 2024, also took over a year from the announcement of the proposed rule to its final implementation. Until the final rule takes effect, the filing fees for N-400 and N-336 will remain the same as they are now. This means that if you are currently eligible for a fee waiver or are a lawful permanent resident who already meets the requirements for naturalization, you still have time to consider when to file before the rule is finalized.
Closing remarks
Before the proposed rules are finalized, here are three key points to keep in mind right now. First, check whether your household income falls between 150% and 400% of the federal poverty line—making you eligible for a fee reduction—or is at or below 150%—making you eligible for a fee waiver—based on income verification documents such as your most recent tax return and pay stubs. These two programs will be eliminated once the final rule takes effect. Next, if you already meet the requirements for applying for citizenship—such as the length of time you have held a green card, the actual residency requirement, the number of days spent abroad, and the absence of any disqualifying factors—you should review and accelerate your schedule for preparing the application and supporting documents. However, since the effective date of the final rule and any transitional provisions have not yet been announced, it is too early to determine the exact filing date. Finally, if you wish to submit comments on this proposed fee increase, you may do so on regulations.gov using document number USCIS-2026-0265 before the August 24 deadline. Both individuals and organizations may submit comments; if you include specific reasons regarding the extent of the fee increase or the elimination of fee reductions and exemptions, your submission will be recorded as part of the official record that the Department of Homeland Security must consider during the review of the final rule. Since this is still in the proposal stage, the final outcome—including the timing and specific details—has not yet been determined. If you are planning to apply for citizenship, it is advisable to continue monitoring related announcements for updates on the timing of the final rule’s publication, transitional provisions, and the effective date.
Disclaimer: This column is for general information purposes only and is not legal advice for your specific case. You should always consult with an attorney who specializes in immigration law for your individual case.
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