On January 30, 2024, USCIS published a preview of the final rule, “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements.” The new fees under the final rule will go into effect on April 1, 2024.
USCIS has also published new forms to correspond to the updated fees. During a grace period from April 1, 2024, through June 3, 2024, USCIS will accept prior editions of most forms and new editions of certain forms filed with the correct fee. USCIS updated its Frequently Asked Questions page, which includes a complete list of the revised forms that will go into effect on April 1, 2024.
By the numbers: The final rule largely mirrors the proposed rule published in January 2023, but makes some adjustments based on the over 5,400 public comments the agency received. An updated fee schedule with a side-by-side comparison of the increases can be found here, beginning on page 13.
Erickson Immigration Group, in concert with our government affairs team and resources on Capitol Hill, will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.
USCIS Fee Schedule Increases
The final USCIS fee rule increases fees for employment-based immigrant and nonimmigrant visas.
-
The greatest USCIS fee increases will be levied on EB-5 Investor petitions and related applications. USCIS proposes to increase fees for an immigrant petition by a standalone investor from $3,675 to $11,160, an increase of over 200%.
-
The H-1B Pre-Registration fee increased significantly from $10 to $215, at an increase of 2,050%. The rule will go into effect on April 1, 2024, after the initial FY 2025 H-1B cap registration period. Therefore, the registration fee during the registration period starting in March 2024 will remain at $10.
The proposed fee rule establishes separate fees for nonimmigrant worker petitions, nearly doubling the fees for L, O, H-2B, and H-1B nonimmigrant worker petitions (with exemptions for nonprofits and small employers).
-
H-1 Nonimmigrant Worker increases from $460 to $780 (a 70% increase)
-
L Nonimmigrant Worker increases from $460 to $1,385 (a 201% increase)
-
O Nonimmigrant Worker increases from $460 to $1,055 (a 129% increase)
While the fee for the Immigrant Petitions for Alien Workers largely remains the same, DHS will implement an additional Asylum Program Fee of $600 on most Form I-129, Petition for a Nonimmigrant Workers, and Form I-140, Immigrant Petition for Alien Workers. Nonprofit petitioners will be exempt from the fee, and small businesses will be charged a $300 fee. With the addition of the $600 asylum program fee, the following nonimmigrant petitions fee will increase to the following:
-
H-1 Nonimmigrant Worker increases from $460 to $1,380
-
L Nonimmigrant Worker increases from $460 to $1,985
-
O Nonimmigrant Worker increases from $460 to $1,655
Some additional notable changes include:
-
Changing the premium processing timeframe from calendar days to business days, increasing the overall time for premium processing completion.
-
A $50 discount for most forms filed online.
-
Incorporating biometrics costs into the primary benefit fee and removing a separate biometric services fee.
-
Decoupling fees associated with Form I-485, Application for Permanent Residence, with fees for applications such as Form I-131 (Application for Travel Document) and Form I-765 (Application for Employment Authorization).
Changes from the Proposed to Final Rule
Changes from the proposed rule to the final rule are as follows:
-
In the proposed rule, DHS included a $600 Asylum Program Fee for employers who file a Form I-129, Petition for a Nonimmigrant Worker, Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, or Form I-140, Immigrant Petition for Alien Worker.
» In the final rule, DHS exempts the $600 Asylum Program Fee for nonprofit employers and reduces it by half for small employers. Small employers are defined as those with less than 25 full-time employees. -
The proposed rule provided lower fees for some online requests based on estimated online and paper filing costs.
» The final rule provides a $50 discount for most forms filed online with USCIS. -
The proposed rule included new fee exemptions and proposed to codify existing fee exemptions.
» The final rule expands fee exemptions for humanitarian filings and codifies the policy that receipt of a means-tested benefit is sufficient proof for a fee waiver. It also implements new policies regarding fee-exempt and low-fee filings, namely that benefit requests submitted without the correct fee may be denied, or the benefit may be revoked. -
The proposed rule required payment of the full fee for Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) when filed concurrently with Form I-485 (Adjustment of Status).
» The final rule provides that Form I-485 applicants will pay half the regular Form I-765 fee when filed concurrently. -
The proposed rule also would have implemented a $1,540 fee for all adjustment of status applicants, including children under 14 years of age concurrently filing Form I–485 with a parent.
» The final rule provides that when filing with parents, children will pay a lesser fee of $950 for Form I-485. -
The final rule states that naturalization applicants with a household income at or below 400 percent of Federal Poverty Guidelines may pay half price for their application.
-
The final rule also requires 30-day advance public notification before a payment method is changed and requires an inflation-only rule to adjust all USCIS fees that DHS has the authority to adjust.
-
The final rule also includes a few downward fee adjustments from the proposed fee schedule:
» The I-129F Petition for Alien Fiancé was reduced from a proposed fee of $720 to $675.
» The I-130 Petition for Alien Relative was reduced from a proposed $820 to $675.
» The I-485 Application to Register Permanent Residence was reduced from a proposed $1,540 to $1,440.
» The I-539 Application to Extend/Change Nonimmigrant Status was reduced from a proposed $525 to $420.
» The I-765 Application for Employment Authorization was reduced from a proposed $555 to $470.
» The N-400 Application for Naturalization was reduced from a proposed $760 to $710.
Erickson Immigration Group, in concert with our government affairs team and resources on Capitol Hill, will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.