United States: USCIS Fee Rule Takes Effect April 1 with Significant Increases for Employment-Based Filings

Employers will be subject to the following new fees for common employment-based and related application types:

*The percentage reflects the change from the current base filing fee, exclusive of separate biometrics fee, which will now be included in the new base filing fee.

**For adult applicants, exclusive of separate biometric fee, which will now be included in the new base filing fee.

***Applies only to EAD or Advance Parole applications based on adjustment of status applications that are filed on or after April 1, 2024.

USCIS is significantly increasing the H-1B cap registration fee for cap-subject H-1B petitions – the fee increases to $215 per registration, from $10 under the current fee schedule, a 2050% increase. The agency states that the increase is the result of a review of the cost of administering the H-1B registration system.

The new cap registration fee will not affect FY 2025 cap registrations, for which the fee will remain $10. The higher registration fee will be in place for the FY 2026 cap season, which begins in March 2025, and beyond.

USCIS is imposing different fees for each visa classification sought on the Form I-129 nonimmigrant worker petition, replacing the uniform $460 Form I-129 filing fee across all classifications. The Form I-129 fee change will affect all classifications sought through the form, including H-1B, H-2A/B, E, L-1, O, P, and TN (final fee levels shown in chart above).

The H-1B petition filing fee increases to $780, from $460, a 70% increase. The L-1 petition fee is $1,385, up from $460 – a 201% increase. E and TN petitions will see a 121% increase to $1,015, from $460. Certain small employers (defined as firms/individuals having 25 or fewer full-time equivalent employees) and nonprofits as defined by Internal Revenue Code Section 501(c)(3) will benefit from the following reduced fees: $460 for H-1B petitions, $695 for L-1 petitions, and $510 for E and TN petitions.

Employers filing a Form I-140 immigrant visa petition will see only a 2% increase in the base filing fee under the new rule – to $715, up from $700 under the current fee schedule.

As discussed in detail below, a new Asylum Program Fee will further increase the overall cost of filing Forms I-129 and I-140 for many employers.

In a significant revision to the fee schedule, USCIS is adding a new “Asylum Program Fee” to be paid by most petitioners filing Form I-129 nonimmigrant petitions and Form I-140 immigrant visa petitions, with a reduced fee for small employers and an exemption for nonprofit organizations. 

According to USCIS, this additional fee will mitigate the scope of fee increases for individual applicants and petitioners. The fee is intended to be used to fund part of the costs of administering the asylum program.

Organizations with more than 25 full-time equivalent (FTE) employees will pay an Asylum Program Fee of $600 for each I-129 and I-140 form. Organizations with 25 or fewer FTEs will pay a fee of $300. Nonprofit organizations as defined by Internal Revenue Code Section 501(c)(3) will not be subject to the fee.

As it did in a now-vacated 2020 fee rule, USCIS will extend the premium processing adjudication period from calendar days to business days, a change that will effectively prolong premium processing adjudications by one week or more, depending on the case type. In a separate regulation that takes effect on February 26, 2024, premium processing fees will increase by just over 12%, with the premium fee for Form I-140 petitions and most I-129 going up to $2,805.

USCIS will impose a fee of $1,440 on most adjustment of status applications, with a reduced fee of $950 for applicants under the age of 14 who are applying concurrently with a parent. This is lower than the fees originally proposed for adjustment of status cases, and continues the agency’s longstanding practice of setting reduced fees for child applicants. The proposed regulation had sought an adjustment filing fee of $1,540 and would have eliminated the fee discount for applicants under 14.

USCIS will also “unbundle” employment authorization document (EAD) and advance parole fees from the adjustment of status filing fee. Under current procedures, the adjustment of status filing fee covers the cost of the adjustment application, as well as associated new and renewal Form I-765 EAD applications and Form I-131 advance parole applications. Under the new fee schedule, however, foreign nationals who file an adjustment application on or after April 1 and who want an EAD or advance parole must pay an additional fee for each document. In a concession to immigration advocates, however, USCIS will charge a reduced fee of $260 for Form I-765 employment authorization applications filed concurrently with the adjustment application, and for EAD renewals during the pendency of the adjustment. (The regular fee for EADs will be $520, as noted above.) Applicants who want an advance parole document will pay a fee of $630 for their initial Form I-131 and for subsequent advance parole renewals; there will be no discount for advance parole applications concurrently filed with adjustment applications or for advance parole renewals during the pendency of the adjustment.

Importantly, adjustment of status applications filed prior to April 1, 2024 are unaffected by the new fee rule. Those applications will continue to be exempt from EAD and Advance Parole renewal filing fees for the duration of the adjustment of status application. The “unbundling” of adjustment-related fees in the new fee rule is not retroactive.

Filing fees for certain EB-5 immigrant petitions will also see significant increases under the new rule. The Form I-526 & Form I-526E fees (Immigrant Petition by Alien Entrepreneur/Standalone and Regional Center Investor) will be raised to $11,160, from $3,675 – a 204% increase. The Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) fee will be raised to $9,525, from $3,835 for most – a 148% increase for those that require biometrics.

Under the new rule, DHS is incorporating biometrics fees into the main immigration benefit fees for nearly all case types where such a fee is required. USCIS will, however, retain a separate biometrics fee for Temporary Protected Status (TPS) applications (Forms I-821), set at $30.

In addition, DHS is introducing lower fees for applicants who choose to file online. Online filing is currently available for applicants who are directly filing a limited 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.

Sponsoring employers should account for the budget impact of increased filing fees, and should take into consideration the longer premium processing timeline when planning Form I-129 and Form I-140 filings. Employers and their immigration counsel will also see an array of updated editions of key USCIS application and petition forms, which are expected to become mandatory on April 1.

Petitioners and applicants wishing to benefit from the current USCIS fee structure and existing forms should work with their Fragomen teams to prepare cases for submission before April 1.

Fragomen is closely following the implementation of the new fee schedule. Additional client alerts will be issued as developments occur.