On January 31, 2024, United States Citizenship and Immigration Services (USCIS) published a final rule to adjust filing fees for most petitions and applications. The new fees take effect for petitions and applications filed on or after April 1, 2024.

The final rule increases filing fees by a 26% weighted average, compared to the 40% weighted average advanced on the Proposed Rule published in 2023, which we discussed in our prior Alert. However, some common petitions still have a dramatically increased filing fee under this final rule.

Some important aspects of the new fee schedule include:

1. The H-1B registration fee for fiscal year 2025 (for H-1B registrations submitted in March 2024) will remain the same at $10. For future H-1B registrations starting in March 2025, the filing fee will increase to $215.
2. USCIS has introduced lower filing fees ($50 or less) for online filing as compared to paper filing for only a few application types, including: Form I-90, Application to Replace Permanent Resident Card; Form I-539 Application to Change/Extend Nonimmigrant Status; Form I-765 Application for Employment Authorization; Form I-130, Immigrant Petition for Alien Relative; and N-400 Application for Naturalization.
3. USCIS has introduced a new Asylum Program Fee of $600, to be paid by employers who file either a Form I-129, Form I–129CW, or Form I-140. Businesses with 25 or fewer employees will pay a $300 Asylum Program Fee instead of the $600 fee, and nonprofits will pay no Asylum Program Fee.
4. Some petition classifications have a reduced filing fee for nonprofits and for small employers (employers with 25 or fewer employees).
5. The USCIS ACWIA and Fraud Prevention fees (for certain H and L-1 petitions) remain unchanged.
6. The filing fees with some of the most drastic increases include certain common petitions and applications as follows:

 
Upcoming Premium Processing Fee Increase

Employers are reminded that USCIS will increase its Premium Processing fee to $2,805, effective February 26, 2024, in accordance with the USCIS Stabilization Act. For more information about the Premium Processing fee increase, please see our prior alert.