Under a final rule published January 31, 2024, a new USCIS filing fee schedule will impose significant fee increases impacting most types of immigration filings, including employment-based visa petitions (i.e., H-1B, L-1, O-1, TN, etc.) and applications for permanent residence. The new filing fees are effective for filings postmarked on or after April 1, 2024. Applications and petitions postmarked on or after April 1, 2024 that do not include the new fees will be rejected.
Notable fee changes for employers:
- All I-129 Petitions for Nonimmigrant Worker and I-140 Immigrant Petitions will require an additional $600 "Asylum Program" fee ($300 for small employers* and nonprofits will be exempt from this fee).
- H-1B Petitions: Current fee of $460 will increase to $780 ($460 will stay the same for small H-1B employers and nonprofits).
- L-1 Petitions: Current fee of $460 will increase to $1,385 ($685 for small employers and nonprofits).
- O-1 Petitions: Current fee of $460 will increase to $1,055 ($530 for small employers and nonprofits).
- E-1, E-2, E-3, H-3, TN, P, Q, & R Petitions: Current fee of $460 will increase to $1,015 ($510 for small employers and nonprofits).
- I-485 Adjustment of Status Application: Current fee of $1,140 will increase to $1,440 (age 14 or older).
- I-90 Application to Replace Permanent Resident Card: Current fee of $455 will decrease to $415 if filed online; and increase to $465 if filed by mail (paper).
- N-400 Naturalization Application: Current fee of $640 will increase to $710 if filed online; $760 if filed by mail (paper).
*Small employers are defined as businesses with 25 or fewer full-time employees.
See here for a complete list of USCIS fee changes effective April 1, 2024.
The H-1B cap registration fee will remain $10 for this year's lottery and increase from $10 to $215 per registration for the FY2026 H-1B cap registration period next year (starting March 2025).
In addition to increased filing fees, the January 31 final rule also lengthens the Premium Processing timeframe for eligible visa petitions from 15 calendar days to 15 business days. As a reminder, pursuant to a USCIS announcement at the end of 2023, Premium Processing (form I-907) fees applicable to most employment-based visa and immigrant petitions will increase from $2,500 to $2,805, effective February 26, 2024.
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