The new fee rule goes into effect on April 1, 2024. The following USCIS forms dated 04/01/24 must be used if postmarked April 1, 2024 or after.
• Form I-129, Petition for a Nonimmigrant Worker (further requirements apply);
• Form I-129 CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker;
• Form I-140, Immigrant Petition for Alien Workers;
• Form I-600, Petition to Classify Orphan as an Immediate Relative; and
• Form I-600A, Application for Advance Processing of an Orphan Petition, and the form’s supplements.
Further, U. S. Citizenship and Immigration Services (USCIS) service centers will not accept Form I-129 petitions for H-1B Specialty Occupation Worker or H-1B1 (HSC) Free Trade Agreement worker in a specialty occupation from Chile and Singapore classifications.
All paper-filed Form I-129 petitions for H-1B1 (HSC) or H-1B classification including those filed concurrently with Form I-907, Request for Premium Processing Service, must be filed at a USCIS lockbox location, effective April 1, 2024. The same rule applies for Form I-129 filed concurrently with Form I-539 and/or Form I-765. USCIS will provide lockbox filing details for paper filed forms in late March 2024.
If a Form I-129 is submitted individually, or with Form I-907, online filing is available. Online filing of Form I-129 and related Form I-907 for H1B non-cap petitions will be available in March 2024. Online filing for H-1B cap petitions and related Form I-907 for selected registrations will be available on April 1, 2024. All paper filed H-1B or H-1B1 (HSC) petitions received on or after April 1, 2024, at any USCIS service center will be rejected.
Typically, USCIS provides a grace period when new forms are released. However, changes to the above USCIS forms are required in order to comply with the new fee structure. Preview versions of each form are available on the USCIS website. The previous version of each form, if postmarked April 1, 2024, or later, will be refused. The new forms and the new fees must be used for all filings with postmarks on or after April 1, 2024.
As always, if you have questions about any U.S. immigration-related issue, contact us at ILBSG. We actively monitor ongoing updates to policies and procedures that affect our clients, ensuring they remain in full compliance. Contact us to get the right advice.
