USCIS to Increase Immigration Filing Fees in April 2024

USCIS to Increase Immigration Filing Fees in April 2024

On January 31, 2024, the United States Citizenship and Immigration Services (USCIS) announced the final rule to modify filing fees for the majority of petitions and applications. These updated fees will be applicable to petitions and applications submitted on or after April 1, 2024.

The final rule implements a 26% weighted average increase in filing fees, which is a notable decrease from the initially proposed 40% weighted average outlined in the 2023 Proposed Rule. However, certain common petitions will still experience a significant rise in filing fees under this final rule.

Some important aspects of the new fee schedule include:

I-129 Petitions:

Employers need to carefully consider the fee adjustments for I-129 Petitions, which add to existing statutory fees like the Fraud Fee (H-1B/L-1) and ACWIA (H-1B). They should take into account factors such as the size of the company, nonprofit status, and specific classification characteristics. A thorough review of each case is necessary for accurate budgeting in immigration processes. 

These fee increases will mainly affect for-profit Petitioners with more than 25 workers in the United States. For instance, a 10-person H-1B Petitioner won’t see an increase in its base filing fee, but a for-profit company with 30 workers will need to pay $780 for an H-1B, $1,385 for an L, or $1,055 for an O Petition.

Asylum Program Fees:

In a fair way that mainly affects bigger, for-profit companies, Asylum Program Fees will be added to an I-129 or I-140 Petition based on the employer’s tax filing status and how many employees they have. Nonprofits won’t pay anything, small businesses with 25 or fewer employees will pay $300, and larger companies with over 25 employees will pay $600. This system aims to make the costs of the asylum program fair for everyone. The only big change to the I-140 Petition’s cost is the addition of the Asylum Program Fee, as the filing fee went up from $700 to $715 

I-130 Petition and I-485 Applications:

Moderate increases in fees are expected for I-130 Petitions and I-485 Applications. A notable change is the introduction of separate fees for I-765 and I-131 Applications filed together with an I-485 Application submitted on or after April 1, 2024. This adjustment aims to provide a more detailed and specific approach to each application type, making the fee structure clearer.

Starting April 1, 2024, the fee for filing an I-765 simultaneously with an I-485 will be $260, with the same fee for renewals. Additionally, the I-131 will be charged at its full price as of the effective date. However, if the I-485 Application was received by USCIS before April 1, 2024, there will be no charge for I-765 and I-131 filings.

EB-5 Petitions:

Forms I-526 and I-829 will see a significant threefold increase in fees. Currently, the fee for the I-526/I-526E is $3,675, and the proposed fee is $11,160. Similarly, for the I-829, the current fee is $3,750, while the proposed fee is $9,525. This change highlights the evolving landscape of immigration policy, with an increased emphasis on sustainability and financial viability in the EB-5 program.

Decreases and Discounts:

On a positive note, amid these fee increases, USCIS is implementing positive changes to some of their fee structures. They are reducing fees for online N-400 or I-90 filings and expanding fee exemptions and discounts for online submissions. These changes aim to simplify the filing process and promote digital engagement.

The table below offers a summary of some of the fee increases mentioned above. For the complete table, please refer to the final rule.

Form	Current Fee	New Fee
I-129 for H-1 Classifications	$460	$780
I-129 Petition for L Nonimmigrant workers	$460	$1,385
I-129 Petition for O Nonimmigrant workers	$460	$1,055
I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications	$460	$1,015
I-485 Application to Register Permanent Residence or Adjust Status	$1,140	$1,440
I-485 Application to Register Permanent Residence or Adjust Status (with biometric services)	$1,225	$1,440
I-485 Application to Register Permanent Residence or Adjust Status (under the age of 14 in certain conditions)	$750	$950

If you have any questions or need more information about how these changes might affect your situation, please reach out to our office. Our team is here to help you understand these adjustments and make sure your immigration process goes smoothly.

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