Government Filing Fee Increases are Coming for Many Employment-Based Visa Categories

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The United States Citizenship and Immigration Services (USCIS) announced that it will be raising the filing fee amounts for many employment-based nonimmigrant visa categories, effective April 1, 2024. In addition, the USCIS premium processing fee, which requires USCIS to respond to a petition within 15 calendar days from filing, will increase by 12.3% to $2,805, effective February 26, 2024. According to a USCIS press release, these fee increases will help USCIS recover operating costs and support timely processing of new applications. USCIS further stated that since only 4% of its budget is congressionally funded, USCIS is raising its filing fees to keep up with the 26% Consumer Price Index increase since 2016.

Employers with more than 25 employees will be subject to a 70% increase in filing fees for H-1B petitions, a 201% increase for L-1 petitions, and an 85% increase for E and TN petitions. Employers are advised to consult with an immigration attorney and closely monitor the USCIS website to ensure that all petitions are properly filed.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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