See the summary chart of fee increases at the bottom of this article.

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.

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