USCIS Increases Filing Fees Starting April 1, 2024

The Department of Homeland Security has just released the final rule that significantly changes the USCIS fee schedule, including adding new fees, establishing multiple fees for nonimmigrant worker petitions and increasing the premium processing time limit. The rule and the new fees will become effective on April 1, 2024.

The highlights of the final rule are: significant filing fee increase for I-485 applicants and especially the additional fee for EAD/AP applications; higher and additional fees for I-129 and I-140 petitions; premium processing will take 15 calendar (and not business) days; and the H-1B cap registration fee will increase to $215 starting next year. Details below.

Also, as a reminder, the premium processing filing fee is set to increase starting February 26, 2024.

USCIS Filing Fees Increase

The table below highlights the filing fee increase for the most common types of USCIS filings.   See the final rule text for the full rule and a full listing of the new fees.

† Plus Asylum Program Fee.  Additional $600 – see below for details.

‡ Small Employers and Nonprofits. Small employers are defined as employers having 25 or fewer full-time equivalent (FTE) employees.  Small employers and nonprofit employers will get fee discounts.

Online Filings. Filing fees for online filing (for cases which allow it) get $50 filing fee discount.

Biometrics Fees. The biometrics fees will be included in most filing fees; if biometrics have to be billed separately they will be charged at $30.

$600 Asylum Program Fee Added to H-1Bs (and Other I-129) and I-140 Petitions

USCIS is adding a new Asylum Program Fee of $600 which will be paid by employers filing Form I-129, Form I-129CW, or Form I-140.  Nonprofit employers will be exempt and small employers (25 or fewer full-time equivalent employees) will pay 50%, or $300.  This fee will apply for all I-129 filings, including H-1B amendments and extensions.

Also:  I-129 Petitions Separated Into Different Forms with Different Filing Fees

USCIS is separating I-129 petitions based on the type of visa classification requested and will different fees based on the visa type.  Currently, all I-129 petitions pay the same $460 filing fee and certain petition types such as H-1B or L-1 pay additional filing fees. Under the new fee structure, different visa types will pay different fees and use different application forms. Note that the additional H-1B and L-1 fees (such as the $500 fraud prevention fee, the $1,500 ACWIA fee, etc.) would continue to apply.

H-1B Fee Examples

To illustrate the cumulative increase of the fees to employers, we provide a couple of H-1B and I-140 fee examples:

Company A has 30 employees.    They wish to hire an H-1B worker and transfer their H-1B petition.  Currently, their filing fee for a first-time H-1B petition is $460 filing fee plus $500 fraud prevention fee plus $1,500 ACWIA filing fee, or total of $2,460.   Under the new fees, they will have to pay $780 filing fee plus $600 asylum program fee plus $500 fraud prevention fee plus $1,500 ACWIA filing fee, or total of $3,380.   This is an increase of $920 per filing.    Plus optional premium processing fee.

Company B has 10 employees.   Same scenario – H-1B transfer of a new hire.   Current total fee amount is $1,710 ($460 + $500 + $750).   Under the new rule, the fees will be $780 + $300 asylum program fee (employers with 25 or fewer FTEs) + $500 +$750 = $2,330.  This is an increase of $620 per filing.  Plus optional premium processing fee.

Company A files I-140 petition.   Current fee is $700.   New fee is $715 + $600 asylum program fee.  Total of $1,415.  Plus optional premium processing fee.

Company B (25 or fewer FTEs) files I-140 petition.   New fee is $715 + $300 asylum program fee, for a total of $1,015.   Plus optional premium processing fee.

How Much Exactly Is the New H-1B Filing Fee?  Please refer to our specific and detailed H-1B filing fee alert which provides a detailed explanation and breakdown of the new H-1B filing fees.

Major H-1B Cap Registration Filing Fee Increase To Become Effective Next Year (2025)

USCIS is increasing very substantially the H-1B “cap” registration fee from $10 to $215; however, this increase will become effective in March of 2025.   This year (March 2024) H-1B cap season will be under the current $10 filing fee.

I-485 Adjustment of Status Applications Will No Longer Include “Free” EAD Work Permit and Advance Parole Applications (Initial or Renewal)

USCIS is removing the “free” inclusion of I-765 EAD and I-131 Advance Parole applications with the main I-485 adjustment of status application fee (while increasing it). Currently, the I-485 fee includes the initial EAD and AP applications, in addition to extensions which is a great benefit to many applicants (India and China mainly) who wait multiple years for I-485 approval and need to renew EAD/AP multiple times.

Under the new rule, an applicant who wishes to file for an I-485 EAD or Advance Parole will have to pay separate fee (for each of these applications) for the initial filing and for any renewals.   I-765 EAD filings will get a 50% fee discount if filed with or after I-485 (50% of $520 is $260); while I-131 Advance Parole applications will have to pay the full fee of $630.    This would add approximately $890 per person in filing fees for the initial and for each EAD/AP renewal.

Example: Under the current fee structure, an I-485 India applicant pays $1,225 filing fee for I-485, initial I-765 EAD and I-131 Advance Parole (AP) plus unlimited EAD and AP extensions until I-485 decision. Under the new fee structure, the same I-485 India applicant will pay $1,440 I-485 filing fee + $260 EAD + $630 AP = $2,330 total. And then, for each EAD/AP renewal, another $890 ($260 + $630).

Premium Processing Required Response Timeline to Increase to 15 Business Days (Plus Upcoming Separate Premium Processing Fee Increase)

The final increases the time USCIS adjudicators have to provide a response (or decision) on a pending application filed with a request for premium processing. The current rule requires a response within 15 calendar days while the final rule will change this to 15 calendar days. This is a 50% increase in the allowed time for a decision. Additionally, under a separate rule, the fees for premium processing are also increasing starting February 26, 2024.   See our alert.

Rationale of Fee Increase

The final rule describes that the reason USCIS is raising the filing fees is to bring the fees in line with the actual and anticipated costs of USCIS providing the applicable services.   USCIS is a fee-funded agency and it is required to evaluate periodically its fees in order to ensure proper national security, staffing and processing goals milestones.     By implementing the fee increase, USCIS aims to close an estimated annual shortfall caused mainly due to increased USCIS costs and falling number of applications.   Simply put, the fee increase is intended to reflect USCIS’s increased case processing costs and to ensure that no services have to be cut (and processing times increased).

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.

History has taught us that any time there is a fee increase, there is a spike in the number of filings which results in long processing times. Certain applications (e.g. N-400 naturalization, I-485 adjustment of status) will become much more expensive after April 1st and we expect a significant spike in applications before the new fees take effect.

Conclusion

Many of our readers and especially those who are frequent filers (corporate clients, mainly) will not be very happy with the prospect of having to pay an (significantly) increased fee especially when the service level is decreased (such as premium processing). We are hoping that USCIS will be able to bring down what are already long processing times and generally provide higher level of service (faster turnaround, better processing times).

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.