By: Gladys V. Gervacio 

Introduction

The United States Citizenship and Immigration Services (USCIS) previously announced a final rule increasing fees for various immigration and naturalization benefit requests. This rule includes significant fee hikes, particularly for employment-based petitions, altering the cost structure of immigration benefits.

Highlights

The fee increase is set to take effect on April 1, 2024. The following are key takeaways from the final rule:

1.    Introduction of Asylum Program Fee for Employment-Based Visas: USCIS is introducing a $600 Asylum Program Fee for both Form I-129 and Form I-140 petitions. However, there will be a discounted fee of $300 applicable to small employers, defined as those with 25 or fewer full-time employees, while nonprofit employers will be exempt from this fee.

2. Fee Adjustments for Form I-129 & Form I-140: Below is a breakdown of the fee adjustments for certain Form I-129 and Form I-140:

 

Form	Filing Fee as of 4/1/24	New Asylum Program Fee	New Total
I-129 H-1B	$780	$600	$1,380*
• Filed online	$730	$600	$1,330*
I-129 H-1B (small employers)	$460	$300	$760*
• Filed online	$460	$300	$760
I-129 H-1B (nonprofits)	$460	$0	$460*
• Filed online	$460	$0	$460*
I-129 Petition for L Nonimmigrant workers	$1,385	$600	$1,985*
I-129 Petition for L Nonimmigrant workers (small employers)*	$695	$300	$995*
I-129 Petition for L Nonimmigrant workers (nonprofits)*	$695	$0	$695*
I-129 Petition for O Nonimmigrant workers	$1,055	$600	$1,655
I-129 Petition for O Nonimmigrant workers (small employers)	$530	$300	$830
I-129 Petition for O Nonimmigrant workers (nonprofits)	$530	$0	$530
I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications (with or without biometrics)	$1,015	$600	$1,615
I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications (with or without biometrics) (small employers)	$510	$300	$810
I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications (with or without biometrics) (nonprofits)	$510	$0	$510
I-140 Immigrant Petition for Alien Workers	$715	$600	$1,315
I-140 Immigrant Petition for Alien Workers (small employers)	$715	$300	$1,015
I-140 Immigrant Petition for Alien Workers (nonprofits)	$715	$0	$715

 

* Petitioners are still required to pay the ACWIA fee, Fraud Prevention and Detection fee, or Public Law 114-113 fee as applicable.

3.    H-1B Cap Registration Fee Increase: The H-1B cap registration fee will increase from $10 to $215 per registration, marking a staggering rise. This change will affect the FY 2026 cap season and subsequent years. For this year’s FY 2025 cap season, H-1B cap registration fee will remain at $10.

4.    Updates to the I-485 Fee Structure: The current filing fee for Form I-485 included the cost of Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Advance Parole). Under the final rule, these fees are now being charged separately. Other notable changes are:

• If Form I-765 is filed concurrently with or based on a pending Form I-485, the I-765 filing fee is reduced by 50 percent.
• The final rule also provides a reduced fee for certain forms that are filed online, including Form I-765. However, the online filing reduced fee is not applicable to the reduced fee for Form I-765.

If an applicant (over 14 years of age) files Form I-485 together with Form I-765 and Form I-131 on or after April 1, 2024, the new total filing fees will increase from $1,225 to $2,330.  

 

Form	Fee Effective 4/1/24
I-485 Application to Register Permanent Residence or Adjust Status (with or without biometrics)	$1,440
I-485 Application to Register Permanent Residence or Adjust Status (under the age of 14 in certain conditions)	$950
I-131 Application for Travel Document (with or without biometric services)	$630
Form I-131 based on a pending Form I-485 filed on or after July 30, 2007 and before April 1, 2024.	$0
Form I-765 filed with Form I-485 filed after April 1, 2024.	$260
Form I-765 based on a pending Form I-485 filed on or after July 30, 2007 and before April 1, 2024.	$0

5.    Update to Premium Processing Timeline: USCIS will increase the premium processing adjudication period from 15 calendar days to 15 business days effective April 1, 2024. USCIS previously increased the premium processing fee from $2,500 to $2,805 effective February 26, 2024.

6.    New Form Editions: With the new fee rule that goes into effect April 1, 2024, petitioners and applicants should use the 04/01/24 edition of 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 (including supplements 1, 2, and 3);
• Form I-600, Petition to Classify Orphan as an Immediate Relative.

USCIS will reject prior versions of these forms if the petitions and applications are postmarked on or after April 1, 2024. There is no grace period.

For other forms, USCIS will accept prior editions during a grace period from April 1, 2024, until June 3, 2024. During this grace period, USCIS will accept both previous and new editions of certain forms if these are filed with the correct fees.

Conclusion

Petitioning employers should prepare for the budgetary implications, account for the increased premium processing timeline, and acquaint themselves with the updated USCIS forms.

Employers and applicants are encouraged to plan during this time of significant changes to the immigration landscape. Please reach out to your trusted Chugh LLP immigration professional to file cases before April 1, 2024 to leverage the existing fee structure and form editions.