On Jan. 31, 2024, U.S. Citizenship and Immigration Services (USCIS) issued a final rule impacting certain immigration and naturalization benefit request fees, form editions and the Premium Processing service period. The new rule is effective April 1, 2024.
Highlights
- USCIS will increase fees and institute a new fee (the Asylum Program fee) for many employment-based petitions and green cards.
- Nonprofit and “small employer” petitioners may be exempt from fee increases or be subject to lesser fee increases. Online filing, where available, will reduce the fee by $50.
- Certain forms will require new editions, some with no filing grace period.
- USCIS will revise the Premium Processing service period from a count of calendar days to a count of business days.
Fee Increases Overview
The rule’s publication marks the first time since 2016 that most immigration and naturalization benefit request fees have changed. Following a comprehensive review of the previous fee schedule, USCIS concluded that the previous rates were not sufficient to fully cover the cost of agency operations. USCIS states it has adjusted the fees for many purposes, including increasing staff, meeting contract costs, improving adjudicator training, and providing asylum and refugee support.
New or increased fees effective April 1 include:
- I-129 H-1B: $460 to $780
- I-129 L-1: $460 to $1,385
- I-129 O-1: $460 to $1,055
- I-129 E and TN: $460 to $1,015
- I-539 dependent extension or change of status (e.g. H-4, L-2): $370 to $470
- I-140 Immigrant Petition: $700 to $715
- Asylum Program fee: $600
- I-485 Adjustment of Status: $1,225 to $1,440
- I-131 Advanced Parole (based on I-485): $0 to $630
- I-765 Employment Authorization (based on I-485): $0 to $520
- H-1B registration: $10 to $215 (* no increase for March 2024 registration)
Notably, USCIS is introducing a fee impacting petitioners filing Form I-129 for non-immigrant work visas and Form I-140 for green card sponsorship. On April 1, Form I-129 and Form I-140 will require an Asylum Program fee of $600. USCIS states that if Asylum Division expenses are greatly reduced or funded by Congress, and USCIS determines the Asylum Program fee is not needed, the agency can pause collection of the fee. Additionally, USCIS is instituting separate fees for the I-131 Advance Parole (travel) and the I-765 Employment Authorization applications when filed based on an I-485 Adjustment of Status application. Before April 1, these applications’ fees were covered by the I-485 application fee.
Lastly, petitioners and applicants that may be exempt from an increase or subject to a lesser increase include:
- Nonprofits
- “Small employers” of less than 25 employees
- Online petition and application filing (where available)
Additional Changes: Premium Processing Period and New Form Editions
Along with the fee changes, other changes included in the final rule will take effect on April 1, 2024.
USCIS will give its adjudicators more time to provide Premium Processing service by changing its required response period from a count of calendar days to a count of business days. USCIS believes this change will allow the agency adequate time to take adjudicative action on petitions and provide petitioners with a consistent and predictable service.
In addition, USCIS will also require updated editions of some forms. While USCIS will permit a grace period for some forms, during which it will accept new and previous editions, there is not a grace period for the fee changes and there is not a grace period for the following forms:
- Form I-129, Petition for a Nonimmigrant Worker
- Form I-129 CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker
- Form I-140, Immigrant Petition for Alien Workers
- Form I-600A, Application for Advance Processing of an Orphan Petition
- Form I-600, Petition to Classify Orphan as an Immediate Relative
Envoy is pleased to provide you with this information, which was prepared in collaboration with Anne Walsh, Partner, at Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.
