Immigration Insider | March 2024

Kerr Russell
Contact

Kerr Russell

Effective April 1, 2024, there will be significant changes to filing fees associated with most immigration-related applications to U.S. Citizenship and Immigration Services (USCIS).

The increases are partially because the last adjustments took place in 2016. As a fee-funded organization, USCIS hopes that the increased fees will more fully recover its operating costs, as well as facilitate timely processing of new applications.

The new filing fee schedule is available on the USCIS website(goes to new website)(opens in a new tab). Notably, filing fees will vary based upon the requested non-immigrant classification, a change from the existing fee schedule which is based on form type. The fee schedule does make allowances for small employers of 25 or fewer full-time equivalent employees and 501(c)(3) non-profits.

Of note:

  • The base H-1B fee will increase by 26%, going from $460.00 to $780.00. The American Competitiveness and Workforce Improvement Act (ACWIA) fee of $1,500.00 and the $500.00 Fraud Prevention and Detection Fee for initial applications will remain unchanged.
  • L-1 classifications will increase by 201%, going from $460.00 to $1,385.00. As noted above, the Fraud Prevention and Detection Fee remains unchanged.
  • TN classifications will increase by 121%, going from $460.00 to $1,015.00.
  • Starting with the Fiscal Year 2026 H-1B lottery which will take place in March 2025, the lottery registration fee will increase to $215.00 from the current $10.00.

As it concerns green cards, the fees for the I-140 Immigrant Petition and the I-485 Adjustment of Status forms will be minimally increased by 2% and 18% respectively. The biggest change on the “green card” side is to Employment Authorization Documents (EAD) and Advance Parole (AP) Travel documents filed along with form I-485. These applications will now have separate filing fees. Currently, these secondary applications are included in the principal I-485 filing fee, both for an initial application and for renewal applications.

Additionally, the fee schedule implements a new Asylum Program Fee of $600 to be paid by employers who file either a Form I–129, Petition for a Nonimmigrant Worker (which is used for H-1Bs, L-1s, TNs) or Form I–140, Immigrant Petition for Alien Worker. The Asylum Program Fee is exempted for nonprofit petitioners and reduced to $300.00 for small employers, defined as firms or individuals having 25 or fewer full-time equivalent employees.

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.

© Kerr Russell | Attorney Advertising

Written by:

Kerr Russell
Contact
more
less

Kerr Russell on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide