ARTICLE
8 February 2024

USCIS To Increase Immigration Filing Fees Effective April 1, 2024

M
Mintz

Contributor

Mintz is a general practice, full-service Am Law 100 law firm with more than 600 attorneys. We are headquartered in Boston and have additional US offices in Los Angeles, Miami, New York City, San Diego, San Francisco, and Washington, DC, as well as an office in Toronto, Canada.
On January 31, 2024, United States Citizenship and Immigration Services (USCIS) published a final rule to adjust filing fees for most petitions and applications.
United States Immigration
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On January 31, 2024, United States Citizenship and Immigration Services (USCIS) published a final rule to adjust filing fees for most petitions and applications. The new fees take effect for petitions and applications filed on or after April 1, 2024.

The final rule increases filing fees by a 26% weighted average, compared to the 40% weighted average advanced on the Proposed Rule published in 2023, which we discussed in our prior Alert. However, some common petitions still have a dramatically increased filing fee under this final rule.

Some important aspects of the new fee schedule include:

  1. The H-1B registration fee for fiscal year 2025 (for H-1B registrations submitted in March 2024) will remain the same at $10. For future H-1B registrations starting in March 2025, the filing fee will increase to $215.
  2. USCIS has introduced lower filing fees ($50 or less) for online filing as compared to paper filing for only a few application types, including: Form I-90, Application to Replace Permanent Resident Card; Form I-539 Application to Change/Extend Nonimmigrant Status; Form I-765 Application for Employment Authorization; Form I-130, Immigrant Petition for Alien Relative; and N-400 Application for Naturalization.
  3. USCIS has introduced a new Asylum Program Fee of $600, to be paid by employers who file either a Form I-129, Form I–129CW, or Form I-140. Businesses with 25 or fewer employees will pay a $300 Asylum Program Fee instead of the $600 fee, and nonprofits will pay no Asylum Program Fee.
  4. Some petition classifications have a reduced filing fee for nonprofits and for small employers (employers with 25 or fewer employees).
  5. The USCIS ACWIA and Fraud Prevention fees (for certain H and L-1 petitions) remain unchanged.
  6. The filing fees with some of the most drastic increases include certain common petitions and applications as follows:

Immigration Benefit Request

Current Fee

New Fee

Difference (dollar amount and percentage)

I-129 for H-1 Classifications

$460

$780

$320

70%

I-129 Petition for L Nonimmigrant workers

$460

$1,385

$925

201%

I-129 Petition for O Nonimmigrant workers

$460

$1,055

$595

129%

I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications

$460

$1,015

$555

121%

I-485 Application to Register Permanent Residence or Adjust Status

$1,140

$1,440

$300

26%

I-485 Application to Register Permanent Residence or Adjust Status (with biometric services)

$1,225

$1,440

$215

18%

I-485 Application to Register Permanent Residence or Adjust Status (under the age of 14 in certain conditions)

$750

$950

$200

27%


Upcoming Premium Processing Fee Increase

Employers are reminded that USCIS will increase its Premium Processing fee to $2,805, effective February 26, 2024, in accordance with the USCIS Stabilization Act. For more information about the Premium Processing fee increase, please see our prior alert.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
8 February 2024

USCIS To Increase Immigration Filing Fees Effective April 1, 2024

United States Immigration

Contributor

Mintz is a general practice, full-service Am Law 100 law firm with more than 600 attorneys. We are headquartered in Boston and have additional US offices in Los Angeles, Miami, New York City, San Diego, San Francisco, and Washington, DC, as well as an office in Toronto, Canada.
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