April 1, 2024 H-1B Filing Fee Increase Explanation and Breakdown
Many of our clients and readers are aware that the Department of Homeland Security is significantly increasing the USCIS filing fees starting April 1, 2024. We published a detailed alert for all of the fees (see details); however, for the benefit of our H-1B employer clients and readers, we also provide a detailed explanation and breakdown of the H-1B petition and accompanying H-4 filing fees since the new fee rule has created number of categories and fees depending on the type of employer.
Also, as a reminder, the premium processing filing fee is set to increase starting February 26, 2024.
H-1B Filing Fees Starting April 1, 2024
The new fee rule creates several layers and types of fees which are applicable to different types of employers. We break down the fees by the type of employer (small employer, nonprofit, 25+ employees and 50+ employees with 50% H/L visa dependency) and by type of H-1B petition filing (initial, first extension, amendment without extension, and second and subsequent extensions).
| H-1B – Small Employer (25 or fewer FTE¹) | ||
|---|---|---|
| Initial H-1B Filing (Transfer, Cap): | $460 + $300 + $500 + $750 = | $2,010 total |
| First Extension: | $460 + $300 + $750 = | $1,510 total |
| Amendment Without Extension OR Second and Subsequent Extensions: |
$460 + $300 = | $760 total |
| H-1B – Nonprofit² | ||
| Initial H-1B Filing (Transfer, Cap): | $460 + $500 + $750 = | $1,710 total |
| First Extension: | $460 + $750 = | $1,210 total |
| Amendment Without Extension OR Second and Subsequent Extensions: |
$460 | $460 total |
| H-1B – Larger Employer (26+ FTE) | ||
| Initial H-1B Filing (Transfer, Cap): | $780 + $600 + $500 + $1,500 = | $3,380 total |
| First Extension: | $780 + $600 + $1,500 = | $2,880 total |
| Amendment Without Extension OR Second and Subsequent Extensions: |
$780 + $600 = | $1,380 total |
| H-1B – Larger and H-1B “Heavy” Employer (50+ Employees and 50+% H/L Workers) | ||
| Initial H-1B Filing (Transfer, Cap): | $780 + $600 + $500 + $1,500 + $4,000 = | $7,380 total |
| First Extension: | $780 + $600 + $1,500 = | $2,880 total |
| Amendment Without Extension OR Second and Subsequent Extensions: |
$780 + $600 = | $1,380 total |
| Additional Optional Premium Processing Service (15 bus. days) | ||
| Premium Processing Filing Fee: | $2,805 | $2,805 total |
| H-4 Dependents | ||
| H-4 Extension or Change of Status: | $470 | $470 total |
| H-4 Spouse EAD: | $520 | $520 total |
¹ FTE is the full-time equivalent number of employees. For example, if a company considers 40 hours to be a full-time workweek, then an employee working 40 hours per week would have an FTE of 1.0. On the other hand, a part-time employee working 20 hours per week would have an FTE of 0.5. This count includes affiliates and subsidiaries of the petitioner employer.
² Nonprofit employers are organizations approved by the Internal Revenue Service as a nonprofit entity under section 501(c)(3) of the IRC or as a government research organization; for the purpose of this fee, USCIS will not require petitioners to demonstrate an educational or research purpose.
More Detailed List of All New USCIS Fees
See our alert for a description and details on the increase of all other USCIS filing fees.
Final Rule Becomes Effective April 1, 2024; New Form Versions to Be Released
The final rule becomes effective on April 1, 2024 and USCIS will be releasing revised forms for many of the application types. All applications filed on or after April 1, 2024 will have to comply with the new filing fee requirements.
Conclusion
We urge our clients to consider making plans to file any upcoming applications before the new fees are to become effective on April 1, 2024. We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics. We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the 2024 USCIS fee increase.
About the Author: Dimo Michailov
Related News and Articles
The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration. Disclaimer: we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts. It is not to be construed as legal advice.