See the summary chart of fee increases at the bottom of this article.
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USCIS has issued a new fee schedule that will go into effect on April 1, 2024. USCIS has not done this sort of fee increase since December of 2016. USCIS states that the increases are necessary to improve processing times, considering increasing costs due to inflation. USCIS had issued a proposed rule, followed by a notice and comment period. There were few changes to the proposed fees after the notice and comment period.
First, the good news. Because the new fees go into effect on April 1st, the increased H-1B registration fee will not be impacted for this year’s H-1B lottery.
On the other hand, U.S. companies are being asked to shoulder costs for administering the asylum program, wherein many applicants are unable to pay the costs associated with processing their application. The additional $600 fee will be assessed to companies filing cases on Form I-129, which includes H-1Bs, as well as Form I-140 for those going through the green card process. The fee is reduced to $300 for organizations with fewer than 25 employees, and $0 for nonprofit organizations.
Employers currently pay a $500 fraud prevention fee on many cases, which is a 1-time fee. They also pay a $1500 education and training fee on H-1Bs ($750 for companies with 25 or fewer employees), which is typically paid twice – once on the employee’s initial petition and again on the first extension. However, this new asylum program fee does not seem to have any such limits. This means that the fee could be paid many times by companies sponsoring an H-1B employee, for example, from India who requires many extension before being able to receive a green card.
Here is a summary of the fee increases:
| Case Type | Current Fee | New Fee 4/1/2024 |
Percent Change | ||
| EMPLOYMENT-BASED PETITION FEES | |||||
| Standard Asylum Program Fee (applicable to I-129 and I-140 petitions) | N/A | $600 | N/A | ||
| Asylum Program Fee – Small Employers (25 employees or less) | N/A | $300 | N/A | ||
| Asylum Program Fee – Nonprofits | N/A | $0 | N/A | ||
| NONIMMIGRANT | |||||
| H-1B Registration Fee | $10 | $215 | 2050% | ||
| Form I-129 H-1B and H-1B1 Classifications | $460 | $780 | 70% | ||
| Form I-129 H-1B and H-1B1 Classifications – Small Employers and Nonprofits | $460 | $460 | 0% | ||
| Form I-129 H-2B – Named Beneficiaries | $460 | $1,080 | 135% | ||
| Form I-129 H-2B – Named Beneficiaries – Small Employers and Nonprofits | $460 | $540 | 17% | ||
| Form I-129 H-2B – Unnamed Beneficiaries | $460 | $580 | 26% | ||
| Form I-129 H-2B – Unnamed Beneficiaries – Small Employers and Nonprofits | $460 | $460 | 0% | ||
| Form I-129 L Classification | $460 | $1,385 | 201% | ||
| Form I-129 L Classification – Small Employers and Nonprofits | $460 | $695 | 51% | ||
| Form I-129 O Classification | $460 | $1,055 | 129% | ||
| Form I-129 O Classification – Small Employers and Nonprofits | $460 | $530 | 15% | ||
| Form I-129 E-1, E-2, E-3, TN, H-3, P, Q, R Classifications | $460 | $1,015 | 121% | ||
| Form I-129 E-1, E-2, E-3, TN, H-3, P, Q, R Classifications – Sm Emp and NP’s | $460 | $510 | 11% | ||
| Form I-539, Application to Extend/Change Nonimmigrant Status – Online | $370 | $420 | 14%* | ||
| Form I-539, Application to Extend/Change Nonimmigrant Status – Paper | $370 | $470 | 27%* | ||
| IMMIGRANT | |||||
| Form I-140 Immigrant Visa Petition | $700 | $715 | 2% | ||
| Form I-526, Immigrant Petition by Standalone Investor | $3,675 | $11,160 | 204% | ||
| Form I-526E, Immigrant Petition by Regional Center Investor | $3,675 | $11,160 | 204% | ||
| Form I-485, Application to Register Permanent Residence or Adjust Status | $1,140 | $1,440 | 26% | ||
| Form I-485, Application to Register Perm. Res. or Adjust Status (under 14) | $750 | $950 | 27% | ||
| Form I-765, Application for Employment Authorization – Online | $410 | $470*** | 15%* | ||
| Form I-765, Application for Employment Authorization – Paper | $410 | $520*** | 27%* | ||
| Form I-131, Application for Travel Document | $575 | $630 | 10% | ||
| Form I-90, Application to Replace Permanent Resident Card – Online | $455 | $415 | -9% | ||
| Form I-90, Application to Replace Permanent Resident Card – Paper | $455 | $465 | 2% | ||
| CITIZENSHIP | |||||
| Form N-400, Application for Naturalization – Online | $640 | $710 | 11% | ||
| Form N-400, Application for Naturalization – Paper | $640 | $760 | 19% | ||
Please contact us at info@grahamadair.com; (408) 715-7067 with any questions.