USCIS Increases Various Fees Effective April 1, 2024

The U.S. Citizenship and Immigration Services (USCIS) has announced a final rule that will come into effect on April 1, 2024.

This rule will result in adjustments to certain fees for immigration and naturalization benefit requests. The aim is to increase fees significantly for employment-based petitions, thus reshaping the cost structure for immigration benefits.

Key Points:

1. Increase in H-1B Cap Registration Fee: Starting from March 2025 for the FY 2026 cap season and beyond, USCIS will raise the H-1B cap registration fee from $10 to $215 per registration. This represents a surge of 2050%. However, for this year’s FY 2025 cap season, the fee will remain at $10. The purpose of this change is to align the fees with the operational costs associated with the administration of the H-1B registration system.
2. Introduction of Asylum Program Fee for Employment-Based Visas: USCIS will introduce a $600 Asylum Program Fee for I-129 and I-140 petitions. Small employers, defined as those with 25 or fewer full-time employees, will have a reduced fee of $300. Nonprofit employers will be exempt from this fee.
3. Fee Changes for Form I-129, Form I-140, and Form N-400:
The filing fees for certain immigration forms, such as Form I-129, Form I-140, and Form N-400, will undergo substantial modifications resulting in significant effects. Below, you will find a comprehensive breakdown of these fee adjustments and what they mean.

Form I-129:

The current fee schedule of USCIS mandates a uniform filing fee of $460 for all classifications that utilize form I-129, such as H-1B, L-1, TN, and E-3. However, the final rule will introduce a modified fee structure, with different filing fees for each classification. As an example, the filing fee for an H-1B petition using Form I-129 will increase by 70%, reaching $780 from the previous $460. Similarly, the filing fee for an L-1 petition will increase by 201%, reaching $1,385 from $460.

It is important to note that exemptions and reduced fees may apply to small employers and nonprofit organizations, resulting in a more nuanced fee structure based on the size and nature of the petitioner. These fee increases do not encompass the newly introduced Asylum Program Fee. Furthermore, the USCIS Fraud Prevention and ACWIA fees will remain unchanged for certain H-1B and L-1 petitions.

Form I-140:

USCIS is implementing a slight 2% hike, taking the I-140 petition fee from $700 to $715. It is important to note that these adjustments do not encompass the additional Asylum Program Fee mentioned earlier.

Form N-400:

The USCIS fee rule brings changes to the filing fee for Form N-400, the application for naturalization. According to the updated fee schedule: The cost of Form N-400, Application for Naturalization (submitted online), which was previously $640, will now rise by 11% to $710. The price of Form N-400, Application for Naturalization (submitted on paper), previously set at $640, will now experience a 19% increase to $760.

Premium Processing Timeline Change:

The processing timeline for premium requests will be adjusted by USCIS. Instead of the previous 15 calendar days, it will now take 15 business days for adjudication. This change gives USCIS more time to review and decide on petitions. As a result, it may affect the scheduling and preparation of immigration filings. Additionally, starting from February 26, 2024, the new fees for premium processing requests will be implemented.

New Process and Fees for Adjustment of Status Applications:

The adjustment of status applications filed with USCIS will now require a fee of $1,440. However, applicants under 14 who are applying at the same time as a parent will only have to pay $950. This new fee structure is different from the originally suggested $1,540 fee, but still follows USCIS’s practice of providing lower fees for applications filed by children.

The agency has made a noteworthy decision to separate the fees for I-765, Application for Employment Authorization (EAD) and I-131, Application for Travel Document (Advance Parole, or AP) from the adjustment of the status filing fee. Currently, the adjustment fee covers the costs of EAD and advance parole applications. However, the new fee schedule requires individuals to pay for these documents separately.

USCIS will charge a reduced fee of $260 for EAD applications that are filed at the same time as the adjustment application, as well as for EAD renewals while the adjustment is pending. On the other hand, applicants will need to pay $630 for initial AP applications and subsequent renewals, with no discounts for filing them concurrently with adjustment applications or renewing them during the adjustment process.