U.S. Citizenship and Immigration Services (USCIS) finalized and announced their proposed immigration fee increase. Generally, significant cost increases are seen for employers who hire noncitizen workers, although the final rates are not as high as previously suggested. Further, discounts are available for nonprofit organizations and business with 25 or fewer full-time employees. Fee exemptions are expanded for those seeking humanitarian relief as well.

The new fee schedule is effective April 1, 2024. The last update to fees was in 2016. The increase covers the cost of administering the U.S. immigration system, as USCIS relies solely on fees to cover their costs. Prior to the fee increase, there was an estimated $1.9 billion annual shortfall.

The new schedule moves from a focus on the beneficiary paying the fees to a balance between beneficiary and ability to pay model. As an example, fees to petition a family member or fiancé(e), as an example, were lowered from the original proposal. Similarly discounts for qualifying organizations and nonprofits were added. Fee exemption options are now available in some humanitarian immigration requests, including victims of trafficking, Iraqi and Afghan nationals who support U.S. military, and others.

Some highlights of the fee increases include:

  • 70% increase for beneficiaries on H-1B petitions, moving from $460 to $780
  • 201% increase for employees on L-1 petitions, moving from $460 to $1,385 and
  • 129% increase for individuals on O-1 petitions, moving from $460 to $1,055
  • 18% increase for I-485 Application to Register Permanent Residence or Adjust Status (with biometric services) moves from $1,225 to $1,440, a $100 less than in the proposed fee rule
  • 204% increase for an immigrant petition by a regional center investor, moving from $3,675 to $11,160
  • 154% increase for and a petition by an investor to remove conditions on permanent residence status, moving from $3,750 to $9,525
  • 135% increase for H-2B petitions (for seasonal, nonagricultural workers) moving from $460 to $1,080
  • 137% increase for H-2A petitions named beneficiaries (for agricultural workers), moving from $460 to $1,090

The registration fee for the H-1B program fee increases from $10 to $110, however, as the fee increase does not go into effect until April 1, 2024, H-1B registrations to open in March 2024 continue at the $10 fee.

The new Asylum Program Fee of $600 to be paid by employers continues as proposed. Employers who file a Petition for a Nonimmigrant Worker, Form I-129, or an Immigrant Petition for Alien Worker, Form I-140 are required to pay the $600 fee for each filing. The fee is waived or reduced for qualifying organizations.

USCIS retained from its proposed rule a new Asylum Program Fee of $600 paid by employers when filing a Form I-129, Petition for a Nonimmigrant Worker, or Form I-140, Immigrant Petition for Alien Worker.

To see a full list of fee increases, visit the USCIS website.

If you have questions about the USCIS fee increase or any other immigration-related issue, contact us at ILBSG. Our law firm offers multiple languages and has high levels of cultural sensitivity. Our team of employment-based expert attorneys work directly with clients to ensure they get the right advice.

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