USCIS Fee Rule Takes Effect April 1 with Significant Increases for Employment-Based Filings
Effective April 1, 2024, USCIS will increase and create separate filing fees for H-1B, L-1, and other nonimmigrant case types. The H-1B petition fee will rise to $780, from $460, a 70% increase. The L-1 petition fee will increase to $1,385, from $460 – a 201% rise. Certain small employers and nonprofits will be subject to reduced fees, however. In addition to increased base filing fees, Forms I-129 and Forms I-140 will be subject to a new Asylum Program Fee of $600. Nonprofit petitioners will be exempt from the new fee while small employers will be subject to a reduced fee of $300. The fee for H-1B cap registration will increase to $215, from $10, per registration, though the increase will not take effect until the FY 2026 cap season, which begins in March 2025. The rule also lengthens the premium processing timeframe from calendar days to business days, and unbundles adjustment of status and ancillary benefit fees, among other measures.
The issue
A new USCIS fee schedule, slated to take effect on April 1, will increase filing fees for many immigration benefit petitioners and applicants, and particularly steeply for employment-based petitioners, according to a final rule to be published in the Federal Register on January 31. The new fee schedule will apply to USCIS petitions and applications postmarked April 1, 2024 or later.
The final fee schedule imposes varying fees for the array of nonimmigrant classifications sought on Form I-129; increases the premium processing timeframe from calendar days to business days; unbundles filing fees for adjustment of status and its ancillary work and travel authorization applications; and assesses a new Asylum Program Fee on most Form I-129 and Form I-140 filings, among other key changes.
The agency asserts that the new fee adjustments are necessary for USCIS to improve processing times and provide adequate service, and that without increased revenue from the changes, agency backlogs will continue to grow. USCIS last adjusted its fee schedule in December 2016, with a weighted average fee increase of 21%.
New fees for employment-based filings and related applications
Employers will be subject to the following new fees for common employment-based and related application types:
| USCIS Form | Current Fee | New Fee EffectiveApril 1, 2024 | Percent Change |
EMPLOYMENT-BASED PETITION FEES | |||
| Standard Asylum Program Fee (applicable to I-129 and I-140 petitions) | N/A | $600 | N/A |
| Asylum Program Fee – Small Employers (applicable to I-129 and I-140 petitions filed by sponsoring employers having 25 or fewer full-time equivalent employees) | N/A | $300 | N/A |
| Asylum Program Fee – Nonprofits (applicable to I-129 and I-140 petitions filed by IRC § 501(c)(3) nonprofit petitioners) | N/A | $0 | N/A |
NONIMMIGRANT | |||
| H-1B Registration Fee | $10 | $215 | 2050% |
| Form I-129 H-1B and H-1B1 Classifications | $460 | $780 | 70% |
| Form I-129 H-1B and H-1B1 Classifications – Small Employers (defined above) and Nonprofits | $460 | $460 | 0% |
| Form I-129 H-2B – Named Beneficiaries | $460 | $1,080 | 135% |
| Form I-129 H-2B – Named Beneficiaries – Small Employers (defined above) and Nonprofits | $460 | $540 | 17% |
| Form I-129 H-2B – Unnamed Beneficiaries | $460 | $580 | 26% |
| Form I-129 H-2B – Unnamed Beneficiaries – Small Employers (defined above) and Nonprofits | $460 | $460 | 0% |
| Form I-129 L Classification | $460 | $1,385 | 201% |
| Form I-129 L Classification – Small Employers (defined above) and Nonprofits | $460 | $695 | 51% |
| Form I-129 O Classification | $460 | $1,055 | 129% |
| Form I-129 O Classification – Small Employers (defined above) and Nonprofits | $460 | $530 | 15% |
| Form I-129 E-1, E-2, E-3, TN, H-3, P, Q, R Classifications | $460 | $1,015 | 121% |
| Form I-129 E-1, E-2, E-3, TN, H-3, P, Q, R Classifications – Small Employers (defined above) and Nonprofits | $460 | $510 | 11% |
| Form I-539, Application to Extend/Change Nonimmigrant Status – Online | $370 | $420 | 14%* |
| Form I-539, Application to Extend/Change Nonimmigrant Status – Paper | $370 | $470 | 27%* |
IMMIGRANT | |||
| Form I-140 Immigrant Visa Petition | $700 | $715 | 2% |
| Form I-526, Immigrant Petition by Standalone Investor | $3,675 | $11,160 | 204% |
| Form I-526E, Immigrant Petition by Regional Center Investor | $3,675 | $11,160 | 204% |
| Form I-485, Application to Register Permanent Residence or Adjust Status** | $1,140 | $1,440 | 26% |
| Form I-485, Application to Register Permanent Residence or Adjust Status (applicants under 14 applying concurrently with parent) | $750 | $950 | 27% |
| Form I-765, Application for Employment Authorization – Online | $410 | $470*** | 15%* |
| Form I-765, Application for Employment Authorization – Paper | $410 | $520*** | 27%* |
| Form I-131, Application for Travel Document | $575 | $630 | 10% |
| Biometrics Fee****Biometrics fee is now included in base fee for all cases except TPS and EOIR applicants, who are subject to a reduced biometrics fee of $30 | $85 | N/A**** | 0% |
| Form I-90, Application to Replace Permanent Resident Card – Online | $455 | $415 | -9% |
| Form I-90, Application to Replace Permanent Resident Card – Paper | $455 | $465 | 2% |
CITIZENSHIP | |||
| Form N-400, Application for Naturalization – Online | $640 | $710 | 11% |
| Form N-400, Application for Naturalization – Paper | $640 | $760 | 19% |
*The percentage reflects the change from the current base filing fee, exclusive of separate biometrics fee, which will now be included in the new base filing fee.
**For adult applicants, exclusive of separate biometric fee, which will now be included in the new base filing fee.
***Adjustment of status applicants will pay half the standard I-765 fee if they paid the full fee for a concurrently filed or pending adjustment application.
Higher fees for H-1B cap registration for FY 2026 and beyond
USCIS is significantly increasing the H-1B cap registration fee for cap-subject H-1B petitions – the fee increases to $215 per registration, from $10 under the current fee schedule, a 2050% increase. The agency states that the increase is the result of a review of the cost of administering the H-1B registration system.
The new cap registration fee will not affect FY 2025 cap registrations, for which the fee will remain $10. The higher registration fee will be in place for the FY 2026 cap season, which begins in March 2025, and beyond.
Fee changes for visa classifications on Form I-129 and Form I-140
USCIS is imposing different fees for each visa classification sought on the Form I-129 nonimmigrant worker petition, replacing the uniform $460 Form I-129 filing fee across all classifications. The Form I-129 fee change will affect all classifications sought through the form, including H-1B, H-2A/B, E, L-1, O, P, and TN (final fee levels shown in chart above).
The H-1B petition filing fee increases to $780, from $460, a 70% increase. The L-1 petition fee is $1,385, up from $460 – a 201% increase. E and TN petitions will see a 121% increase to $1,015, from $460. Certain small employers (defined as firms/individuals having 25 or fewer full-time equivalent employees) and nonprofits as defined by Internal Revenue Code Section 501(c)(3) will benefit from the following reduced fees: $460 for H-1B petitions, $695 for L-1 petitions, and $510 for E and TN petitions.
Employers filing a Form I-140 immigrant visa petition will see only a 2% increase in the base filing fee under the new rule – to $715, up from $700 under the current fee schedule.
As discussed in detail below, a new Asylum Program Fee will further increase the overall cost of filing Forms I-129 and I-140 for many employers.
New Asylum Program Fee for employment-based visa petitions on Forms I-129 and I-140
In a significant revision to the fee schedule, USCIS is adding a new “Asylum Program Fee” to be paid by most petitioners filing Form I-129 nonimmigrant petitions and Form I-140 immigrant visa petitions, with a reduced fee for small employers and an exemption for nonprofit organizations.
According to USCIS, this additional fee will mitigate the scope of fee increases for individual applicants and petitioners. The fee is intended to be used to fund part of the costs of administering the asylum program.
Organizations with more than 25 full-time equivalent (FTE) employees will pay an Asylum Program Fee of $600 for each I-129 and I-140 form. Organizations with 25 or fewer FTEs will pay a fee of $300. Nonprofit organizations as defined by Internal Revenue Code Section 501(c)(3) will not be subject to the fee.
Longer timeframe for premium processing
As it did in a now-vacated 2020 fee rule, USCIS will extend the premium processing adjudication period from calendar days to business days, a change that will effectively prolong premium processing adjudications by one week or more, depending on the case type. In a separate regulation that takes effect on February 26, 2024, premium processing fees will increase by just over 12%, with the premium fee for Form I-140 petitions and most I-129 going up to $2,805.
New process and fees for adjustment of status applications and related benefits
USCIS will impose a fee of $1,440 on most adjustment of status applications, with a reduced fee of $950 for applicants under the age of 14 who are applying concurrently with a parent. This is lower than the fees originally proposed for adjustment of status cases, and continues the agency’s longstanding practice of setting reduced fees for child applicants. The proposed regulation had sought an adjustment filing fee of $1,540 and would have eliminated the fee discount for applicants under 14.
USCIS will also “unbundle” employment authorization document (EAD) and advance parole fees from the adjustment of status filing fee. Under current procedures, the adjustment of status filing fee covers the cost of the adjustment application, as well as associated new and renewal Form I-765 EAD applications and Form I-131 advance parole applications. Under the new fee schedule, however, foreign nationals who file an adjustment application on or after April 1 and who want an EAD or advance parole must pay an additional fee for each document. In a concession to immigration advocates, however, USCIS will charge a reduced fee of $260 for Form I-765 employment authorization applications filed concurrently with the adjustment application, and for EAD renewals during the pendency of the adjustment. (The regular fee for EADs will be $520, as noted above.) Applicants who want an advance parole document will pay a fee of $630 for their initial Form I-131 and for subsequent advance parole renewals; there will be no discount for advance parole applications concurrently filed with adjustment applications or for advance parole renewals during the pendency of the adjustment.
Steep fee increases for EB-5
Filing fees for certain EB-5 immigrant petitions will also see significant increases under the new rule. The Form I-526 & Form I-526E fees (Immigrant Petition by Alien Entrepreneur/Standalone and Regional Center Investor) will be raised to $11,160, from $3,675 – a 204% increase. The Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) fee will be raised to $9,525, from $3,835 for most – a 148% increase for those that require biometrics.
Other changes in the final fee rule
Under the new rule, DHS is incorporating biometrics fees into the main immigration benefit fees for nearly all case types where such a fee is required. USCIS will, however, retain a separate biometrics fee for Temporary Protected Status (TPS) applications (Forms I-821), set at $30.
In addition, DHS is introducing lower fees for applicants who choose to file online. Online filing is currently available for applicants who are directly filing a limited number of forms, including Forms I-90 (Application to Replace Permanent Resident Card), I-130 (Petition for Alien Relative), I-539 (Application to Extend/Change Nonimmigrant Status), and I-765 (Application for Employment Authorization), among others.
What should employers do now to prepare for the new fee schedule?
Sponsoring employers should account for the budget impact of increased filing fees, and should take into consideration the longer premium processing timeline when planning Form I-129 and Form I-140 filings. Employers and their immigration counsel will also see an array of updated editions of key USCIS application and petition forms, which are expected to become mandatory on April 1.
Petitioners and applicants wishing to benefit from the current USCIS fee structure and existing forms should work with their immigration counsel to prepare cases for submission before April 1.