Alerts

USCIS Announces Fee Increases Effective April 1st, 2024

07. Feb. 2024

In its first comprehensive increase since 2016, USCIS announced publication of its final rule to adjust certain immigration and naturalization fees on January 30th. USCIS states these increases are necessary to “recover a greater share of its operating costs and support more timely processing of new applications”[i] and also support expansion of humanitarian programs. Additional stated benefits include:

  • Lowering the agency’s required annual cost recovery by $727 million, in part by considering the budget effects of improved efficiency measures;
  • Expanding fee exemptions for Special Immigrant Juveniles and victims of human trafficking, crime, and domestic violence; U.S. military service members and our Afghan allies; and families pursuing international adoption;
  • Providing special fee discounts for nonprofit organizations and small business employers (those with less than 25 full-time employees);
  • Allowing for half-price Employment Authorization Document applications for applicants for adjustment of status and a reduced fee for adjustment of status applicants under the age of 14 in certain situations;
  • Expanding eligibility for a 50% fee reduction for naturalization applications, available to individuals who can demonstrate household income between 150% and 400% of the Federal Poverty Guidelines; and
  • Implementing a standard $50 discount for online filers.

 

The news fees coincide with soon to be released updated editions of Forms I-129 and I-140, among others, and will go into effect on April 1st. Below, please find a detailed chart comparing fee changes for the most common employment-based cases.

 

Case Type

Previous Fee

New Fee as of April 1st, 2024

H-1B Registration Fee[ii]

$10

$215

Form I-129 and I-140 Asylum Program Fee

N/A

$600

Form I-129 and I-140 Asylum Program Fee (Small Employers)

N/A

$300

Form I-129 and I-140 Asylum Program Fee (Non-profits)

N/A

$0

Form I-129 H-1B and H-1B1

$460

$780

Form I-129 L

$460

$1,385

Form I-129 L (Small Employers and Non-profits)

$460

$695

Form I-129 O

$460

$1,055

Form I-129 O (Small Employers and Non-profits)

$460

$530

Form I-129 E-1, E-2, E-3, TN

$460

$1,015

Form I-129 E-1, E-2, E-3, TN (Small Employers and Non-profits)

$460

$510

Form I-539 (Online)

$370

$420

Form I-539 (Paper)

$370

$470

Form I-140

$700

$715

Form I-526 and I-526E

$3,675

$11,160

Form I-485[iii]

$1,140

$1,440

Form I-485 (under 14 applying w/ parent)

$750

$950

Form I-765 (Online)

$410

$470

Form I-765 (Paper)

$410

$520

Form I-131

$575

$630

Form N-400 (Online)

$640

$710

Form N-400 (Paper)

$640

$760

 

Notable changes include the newly created Asylum Program Fee, which will be required for I-129 and I-140 filings, and the absorption of biometrics services fees for filings which typically require this additional step.

Further, this rule will convert premium processing timeframes from calendar days to business days, which has the potential to increase processing time by roughly one week or more. Previous updates to premium processing fees, published in a final rule on December 28, 2023, go into effect on February 26th.[iv]

We will continue to provide updates on these changes as they arrive. Please reach out to us should you have further questions.

 

[i] https://www.uscis.gov/newsroom/news-releases/uscis-issues-final-rule-to-adjust-certain-immigration-and-naturalization-fees.

[ii] Will not take effect until March 2025.

[iii] USCIS has unbundled I-485 filing fees, meaning separate fees for I-765 and I-131 applications will be required. However, I-765 filing fees will be discounted 50% if concurrently filed with an I-485.

[iv] https://www.uscis.gov/newsroom/alerts/uscis-announces-inflation-adjustment-to-premium-processing-fees. Forms I-129 and I-140 increase from $2,500 to $2,805, Form I-539 from $1,750 to $1,965, and Form I-765 from $1,500 to $1,684.