Under the USCIS final rule, a fee increase in all H-1B filings is effective as of April 1, 2024. USCIS will implement a higher base fee for all I-129 petitions, and include a U.S. Asylum Program fee. The base I-129 fee will not increase for employers that have less than 25 employees, but a reduced U.S. Asylum Program fee will be included, which is $300.  If an employer has more than 26 employees, then the I-129 base is increased to $780 with an Asylum Program fee of $600. This new fee structure will go into effect from April 1, 2024. This fee structure will affect H-1B CAP petitions as well as the other H1B applications (amendment, extension, transfer, cap exempt, etc). The only H1B petitions exempt from the new Asylum Program fee are Non-Profit CAP Exempt H1B filings.

See the charts below for a complete overview based on type of filing.

USCIS Filing Fees as of April 1, 2024

H-1B NEW CAP/H-1B Transfer/H1B Cap Exempt:

Fee Type 25 or fewer employee More than 25 employees More than 50 employees AND less than 50% are H1B/L1 More than 50 employees AND more than 50% are H1B/L1
Base Fee $460 $780 $780 $780
Anti Fraud Fee $500 $500 $500 $500
ACWIA Fee  $750 $1,500 $1,500 $1,500
Public Law Fee  N/A N/A N/A $4000
Asylum Program
Fee 		 $300 $600 $600 $600
Total  $2,010 $3,380 $3380 $7,380

H-1B Amendment Only:

Fee Type 25 or fewer employees More than 25 employees More than 50 employees AND less than 50% are H1B/L1 More than 50 employees AND more than 50% are H1B/L1
Base Fee  $460 $780 $780 $780
Anti Fraud Fee $0 $0 $0 $0
ACWIA Fee  $0 $0 $0 $0
Public Law Fee  N/A N/A N/A $0
Asylum Program Fee  $300 $600 $600 $600
 

Total 

  

$760

  

$1380

  

$1380 

  

$1380 

 

H-1B Amendment with Extension (first):

Fee Type 25 or fewer employees More than 25 employees More than 50 employees AND less than 50% are H1B/L1 More than 50 employees AND more than 50% are H1B/L1
Base Fee  $460 $780 $780 $780
Anti Fraud Fee $0 $0 $0 $0
ACWIA Fee  $750 $1500 $1500 $1500
Public Law Fee  N/A N/A N/A $0
Asylum Program Fee  $300 $600 $600 $600
Total  $1510  

$2880

 

  

$2880

 

  

$2880

 

 

H-1B Amendment with Extension (second):

Fee Type 25 or fewer employees More than 25 employees More than 50 employees AND less than 50% are H1B/L1 More than 50 employees AND more than 50% are H1B/L1
Base Fee  $460 $780 $780 $780
Anti Fraud Fee $0 $0 $0 $0
ACWIA Fee  $0 $0 $0 $0
Public Law Fee  N/A N/A N/A $0
Asylum Program Fee  $300 $600 $600 $600
Total  $760  

$1380

 

  

$1380

 

  

$1380

 

H-1B Extension (first):

Fee Type 25 or fewer employees More than 25 employees More than 50 employees AND less than 50% are H1B/L1 More than 50 employees AND more than 50% are H1B/L1
Base Fee  $460 $780 $780 $780
Anti Fraud Fee $0 $0 $0 $0
ACWIA Fee  $750 $1500 $1500 $1500
Public Law Fee  N/A N/A N/A $0
Asylum Program Fee  $300 $600 $600 $600
Total  $1510  

$2880

 

  

$2880

 

  

$2880

 

 

H-1B Extension (second):

Fee Type 25 or fewer employees More than 25 employees More than 50 employees AND less than 50% are H1B/L1 More than 50 employees AND more than 50% are H1B/L1
Base Fee  $460 $780 $780 $780
Anti Fraud Fee $0 $0 $0 $0
ACWIA Fee  $0 $0 $0 $0
Public Law Fee  N/A N/A N/A $0
Asylum Program Fee  $300 $600 $600 $600
 

Total

 

 $760  

$1380

 

  

$1380

 

  

$1380

 

 

NOTE: Premium Processing Fee will increase to $2,805 for all H-1B petitions regardless of employee count as of February 26, 2024.

As always, if you have questions about any U.S. immigration related issue, contact us at ILBSG. Our team of experienced attorneys work directly with our clients to ensure they get the right advice for their specific situations.

USCIS USCIS filing fees