Think April’s Fools? Think Again: USCIS’s New Fee Schedule Hits Hard

A forthcoming USCIS fee schedule, set to become effective on April 1, is poised to raise filing fees for numerous immigration benefit seekers, particularly those applying through employment-based channels. This update stems from a final rule slated for publication in the Federal Register on January 31.
Applicable to submissions postmarked April 1, 2024, or later, the revised fee schedule aims to introduce adjustments across various USCIS petitions and applications.
The finalized fee structure introduces varied fees corresponding to different nonimmigrant classifications sought via Form I-129. Notably, it extends the premium processing timeframe from calendar days to business days and disaggregates filing fees for adjustment of status along with its associated work and travel authorization applications. Furthermore, it introduces a novel Asylum Program Fee on most Form I-129 and Form I-140 submissions, among other significant alterations.
According to the agency, these fee adjustments are imperative for USCIS to enhance processing efficiency and ensure adequate service provision. Without the augmented revenue from these changes, the agency warns of potential exacerbation in backlog issues. It’s worth noting that USCIS last revised its fee schedule in December 2016, resulting in a weighted average fee escalation of 21%.
The Standard Asylum Program fee, which is applicable to I-129 and I-140 petitions, will amount to $600, while smaller employers (employers that sponsor having 25 or fewer full-time employees) have a fee of $300.
Furthermore, USCIS is implementing a substantial hike in the registration fee for cap-subject H-1B petitions, raising it to $215 per registration from the current $10 fee, marking a 2050% increase. The agency cites a cost review of administering the H-1B registration system as the reason behind this escalation.
The elevated registration fee will not impact FY 2025 cap registrations, which will maintain the $10 fee. However, the increased cost will be applicable for the FY 2026 cap season, commencing in March 2025 and subsequent years.
USCIS is instituting a fee structure where each visa classification sought on the Form I-129 nonimmigrant worker petition will have its own designated fee, departing from the previous standard $460 filing fee for all categories. This change in the Form I-129 fee will impact all classifications applied through the form, including H-1B, H-2A/B, E, L-1, O, P, and TN.
Under the new fee schedule, the filing fee for H-1B petitions is increasing to $780, up from $460, representing a 70% rise. The cost for L-1 petitions increased to $1,385, compared to the previous $460 fee, marking a 201% increase. E and TN petitions will experience a 121% increase to $1,015 from $460.
Certain small employers, defined as firms or individuals with 25 or fewer full-time equivalent employees, and nonprofits as delineated by Internal Revenue Code Section 501(c)(3), will benefit from reduced fees: $460 for H-1B petitions, $695 for L-1 petitions, and $510 for E and TN petitions.
For employers submitting a Form I-140 immigrant visa petition, the base filing fee will only see a marginal increase of 2% under the new regulation, rising to $715 from the current $700 fee.
Entities exceeding 25 full-time equivalent (FTE) employees will incur an Asylum Program Fee of $600 for each I-129 and I-140 form submitted. Conversely, organizations with 25 or fewer FTEs will face a reduced fee of $300. Nonprofit organizations meeting the criteria outlined in Internal Revenue Code Section 501(c)(3) will be exempt from this fee.
Finally, the new regulation integrates biometrics fees into the primary immigration benefit fees for nearly all case types where such charges are applicable, as per the Department of Homeland Security (DHS). However, a distinct biometrics fee for Temporary Protected Status (TPS) applications (Forms I-821) will be retained by USCIS and set at $30.
Furthermore, DHS is introducing reduced fees for applicants who opt for online submission. Currently, online filing is accessible for applicants directly submitting a select number of forms, including Forms I-90 (Application to Replace Permanent Resident Card), I-130 (Petition for Alien Relative), I-539 (Application to Extend/Change Nonimmigrant Status), and I-765 (Application for Employment Authorization), among others.
For all other updates, please stay connected with us on Francis Law to ensure you are aware of any fee changes.