USCIS Issues Final Rules Increasing Filing Fees and Premium Processing Fees

Category: Client Alerts
Date: Feb. 14, 2024
Title: USCIS Issues Final Rules Increasing Filing Fees and Premium Processing Fees

Recently, USCIS published a final rule increasing certain government filing fees effective April 1, 2024. In addition, it announced a final rule that will increase the premium processing fees effective Feb. 26, 2024.

The following chart shows the current and new government filing fees for the most commonly used employment-based petitions and related applications, along with the percentage changes between the current and new filing fees:

Form / Visa Type	Current Fee	New Fee and Percentage Change
I-129 H-1B and H-1B1	$460	$780 (70%)
I-129 H-1B and H-1B1 – small employers (employers with 25 or fewer full-time equivalent employees in the United States, including any affiliates and subsidiaries) and nonprofits	$460	$460 (0%)
I-129 L	$460	$1,385 (201%)
I-129 L – small employers and nonprofits	$460	$695 (51%)
I-129 E, TN, H-3, P, Q and R	$460	$1,015 (121%)
I-129 E, TN, H-3, P, Q and R – small employers and nonprofits	$460	$510 (11%)
I-129 O	$460	$1,055 (129%)
I-129 O – small employers and nonprofits	$460	$530 (15%)
I-539 application to extend/change nonimmigrant status	$370	$470 (27%)
I-765 employment authorization application (all EAD applications except for those filed in connection with an adjustment of status application — see below)	$410	$520 (27%)
I-131 application for travel document	$575	$630 (10%)
I-140 immigrant petition	$700	$715 (2%)
I-485 application to register permanent residence or adjust status (including biometric services)	$1,225	$1,440 (18%)
I-485 application to register permanent residence or adjust status – applicant(s) under 14 applying concurrently with parent	$750	$950 (27%)
I-765 employment authorization application (filed concurrently with an adjustment of status application or while adjustment of status application is pending)	$0	$260
I-131 application for travel document (filed concurrently with an adjustment of status application or while adjustment of status application is pending)	$0	$630
N-400 application for naturalization	$640	$760 (19%)

The final rule also prescribes several other changes in filing fees and processes, such as a new asylum program fee and longer adjudication time under premium processing, as described below.

Asylum Program Fee

USCIS has implemented a new asylum program fee to be paid by most employers filing Form I-129 nonimmigrant petitions and Form I-140 immigrant petitions. Employers with more than 25 full-time employees (including any affiliates and subsidiaries) will pay an asylum program fee of $600 for each
I-129 form and I-140 form. The fee will be reduced to $300 for “small employers,” and nonprofit organizations will be exempt from the fee. According to USCIS, this fee will be added to assist with funding the adjudication of asylum applications.

Distinct Form I-129 Fees Based on Visa Classification

As the chart above shows, USCIS will replace the uniform filing fee of $460 for Form I-129 with different fees across all nonimmigrant classifications (such as H-1B, L, E and TN).

New Fees for Concurrent Filing of Adjustment of Status, Employment Authorization and Advance Parole Applications

Currently, the adjustment of status filing fee encompasses the cost of the I-485 adjustment application together with the Form I-765 employment authorization and Form I-131 advance parole applications. Under the new fee schedule, applicants for employment authorization (I-765) and advance parole (I-131) will have to pay additional $260 and $630 filing fees, respectively, whether they file these applications concurrently with their adjustment of status (I-485) applications or separately from them.

Biometric Services Fees

Biometric services fees will be incorporated into the main filing fees for almost all cases where such a fee is required.

Extended Time Frame for Premium Processing

The premium processing time frame for most case types will lengthen from 15 calendar days to 15 business days.

Additional Fee Changes

Effective Feb. 26, 2024, premium processing fees will increase as follows:

From $2,500 to $2,805 for I-129s (including H-1Bs, E-3s, TNs, L-1s and O-1s) and I-140s;

From $1,750 to $1,965 for I-539s (for those changing status to F-1, F-2, M-1, M-2, J-1 and J-2); and

From $1,500 to $1,685 for I-765s for F-1 students applying for OPT or STEM OPT work authorization.

In addition, after the upcoming March 2024 H-1B lottery, the H-1B registration fee will increase from $10 to $215 per registration.

If you have any questions about these government filing fee increases, please do not hesitate to call a member of our Business Immigration Group.