Summary of USCIS Significant Fee Increase, Kicking in Effective 01.Apr.2024
09 Feb 2024The U.S. Citizenship and Immigration Services (USCIS) has issued a final rule, which will significantly increase the filing fees for most types of immigration benefits, effective April 1, 2024. While the fees are similar to those initially indicated in the proposed rule, several key changes were made.
Key Provisions of Final Rule
- The H1B registration fee will remain $10 for the upcoming lottery. Next year, however, the fee will increase to $215 per registration.
- Rather than keeping a uniform filing fee for nearly all petitions for a nonimmigrant worker (form I-129) – a fee that is presently set at $460 – the fee will differ based on both the nonimmigrant category and whether the employer qualifies as small employer (i.e., an employer with 25 or fewer full-time equivalent employees) or a nonprofit entity.
- For certain case types, the final rule encourages online filing by making the filing fee $50 less than the fee charged for paper filings.
- In addition to increasing most existing fees, the new rule also adds a new fee, named the Asylum Program Fee, that most employers will be required to pay with every form I-129 petition, petition for a CNMI-only nonimmigrant transitional worker (form I-129CW), and immigrant petition for alien worker (form I-140) filed with the USCIS. The standard fee will be $600, with a reduced fee of $300 for small employers, and the fee will be waived for nonprofit entities.
- The rule is eliminating the separate biometric fee for most case types.
- When filing an application to adjust status (form I-485), the applicant will have to pay a separate filing fee for the application for employment authorization (form I-765) and the application for travel document (form I-131).
Summary of Fee Increases
The chart below provides a summary of the current fee increases for some of the most common types of cases. A complete list of the fee changes, along with additional details about the final rule, is available on the USCIS website.
| Type of Filing | Current Fee/s | Final Fee/s |
| I-129 H1B | $ 460 | $ 780 + $ 600 Asylum Program Fee* |
| I-129 H1B (Small Employers/Nonprofits) | $ 460 | $ 460 + $ 300 Asylum Program Fee* |
| I-129 L1A/L1B | $ 460 | $ 1,385 + $ 600 Asylum Program Fee* |
| I-129 L1A/L1B (Small Employers/Nonprofits) | $ 460 | $ 695 + $ 300 Asylum Program Fee* |
| I-129 O | $ 460 | $ 1,055 + $ 600 Asylum Program Fee* |
| I-129 O (Small Employers/Nonprofits) | $ 460 | $ 530 + $ 300 Asylum Program Fee* |
| I-140 | $ 700 | $ 715 + $ 600 Asylum Program Fee* |
| I-140 (Small Employers/Nonprofits) | $ 700 | $ 715 + $ 300 Asylum Program Fee* |
| I-485 | $ 1,140 | $ 1,440 |
| I-485 (under the age of 14 in certain conditions) | $ 750 | $ 950 |
| I-765 (paper filing) | $ 410 | $ 520 |
| I-765 (online filing) | $ 410 | $ 470 |
| I-539 (paper filing) | $ 370 | $ 470 |
| I-539 (online filing) | $ 370 | $ 420 |
| I-526/I-526E | $ 3,675 | $11,160 |
| I-130 (paper filing) | $ 535 | $ 675 |
| I-130 (online filing) | $ 535 | $ 625 |
*Asylum Program Fee waived for nonprofits.
Conclusion
This rule imposes significant added costs on employers seeking to sponsor foreign nationals to live and work in the United States. If any additional changes are made, the details will be posted on MurthyDotCom.
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