Increased Fees for Employer Petitions

On January 30, 2024, USCIS announced fee changes, they Raises Fees for Employer Petitions including raising the premium processing fee to US$2,805, increasing filing fees for I-129 and I-140 petitions, and adding a new fee for asylum programs to each Form I-129 and I-140 filed by employers.

The aim is to better cover USCIS costs as it relies primarily on user fees, which constitute 96% of its budget, with only about 4% from government funding. By adjusting fees, USCIS aims to expedite new application processing. These changes are intended to cover costs, expand programs, provide raises to employees, and hire more staff.

The filing fee hike will start on April 1, 2024, but the increase in premium processing fees will kick in on February 26, 2024.

The table below shows the current and new government filing fees for common employment-based petitions and related applications. It also indicates the difference in fees for small and nonprofit employers and for online versus paper filings. Small employers are those with less than 25 full-time-equivalent employees.

Form / Visa Type	Type of Filing	Current Fee	New Fee
I-129 H-1	Small employers and nonprofits All other employers	US$460 US$460	US$460 US$780
I-129 L	Small employers and nonprofits All other employers	US$460 US$460	US$695 US$1,385
I-129 O, Nonimmigrant Workers	Small employers and nonprofits All other employers	US$460 US$460	US$530 US$1,055
I-129, Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN	Small employers and nonprofits All other employers	US$460 US$460	US$510 US$1,015
I-140, Immigrant Petition	All employers	US$700	US$715
I-539, Application to Extend/ Change Nonimmigrant Status	Online Paper	US$370 US$370	US$420 US$470
I-765, Application for Employment Authorization	Online Paper	US$410 US$410	US$470 US$520

Here’s a brief overview of the important provisions outlined in the Final Rule regarding employer-based petitions:

Extension of Premium Processing Service Timeframe and Fee Increase (Effective February 26, 2024)

• The premium processing service enables employers to accelerate the review of specific applications, diminishing processing durations from months to weeks.
• Extension of Timeframe: According to the Final Rule, the premium processing duration will elongate from 15 calendar days to 15 business days.
• Fee Higher: The fee for this service will climb from US$2,500 to US$2,805 for I-129 and I-140 forms. The fees for H-2B and R-1 I-129 forms will surge to US$1,685.

Introduction of One-Time Asylum Program Fee (Effective April 1, 2024)

• USCIS introduced a fresh charge to bolster the US asylum system and improve effectiveness. Employers are now obligated to pay a single Asylum Program Fee of US$600 for each Form I-129 and I-140 submission.
• Small-scale employers will similarly need to remit an Asylum Program Fee, albeit at a reduced rate of US$300.
• Nonprofit organizations will be waived from the requirement to pay the Asylum Program Fee.

Revised Filing Fees Effective April 1, 2024

• I-129 for H-1B Petition: This petition, used for specialized occupations like engineering and medicine, now costs US$780, marking a 70% increase.
• I-129 for L Nonimmigrant Workers: This petition, commonly for intracompany transferees, now costs US$1,385, a 201% increase.
• H-1B Cap Registration: The registration fee will now be US$215 per registration, except for the fiscal year 2025 cap registration period from March 6 to March 22, 2024, where it remains at US$10 per registration.

Reduced Fees for 501(c)(3)s and Small Employers

• Nonprofit organizations classified as 501(c)(3) and businesses with a staff of 25 employees or less will face reduced filing fees compared to the standard rates.
• The cost for H-1B petitions submitted by small businesses and nonprofits remains steady at US$460.
• For petitions like I-140, which deals with immigrant workers, and I-129, catering to nonimmigrant workers such as treaty traders and investors, trainees, performing artists or athletes, cultural exchange participants, religious workers, and NAFTA professionals, the fee increment for small enterprises and nonprofits is comparatively lower.

Reduced Fees for Filing Online

• USCIS is offering a $50 discount on filing fees for certain immigration requests submitted online to promote online filing.

Final Adjustment of Status Bundled Filing Fee

• When an applicant files for adjustment of status, the I-485 fee includes the filing cost for both the I-765, Application for Employment Authorization (EAD), and Form I-131, Advanced Parole application. However, under the new rule, the previously bundled EAD and advanced parole applications will now each require a separate filing fee.
• Applicants who desire to submit EAD or advanced parole applications alongside their adjustment of status application will now encounter an additional filing fee of US$260 or US$630, respectively.

Biometric Fee

The new base filing fee for adult applicants will now incorporate the Biometric Fee.

Related Post: Why USCIS Issues H-1B Requests for Evidence