Quick Takeaways
- Effective Date: All fee adjustments, excluding previously-announced updates to Premium Processing, will take effect on April 1, 2024. This means that the H-1B Registration Fee will remain at $10.00.
- I-129 Petitions: The total fee increase for I-129 Petitions is contingent on factors such as the employer’s size, nonprofit status, and other classification-specific characteristics. Employers should carefully consider these changes in their strategic immigration planning.
- Asylum Program Fees: USCIS introduces Asylum Program Fees, that will depend on the nature and size of the organization. These fees will apply to both I-129 and I-140 Petitions.
- I-130 and I-485 Applications: Moderate fee increases are anticipated for I-130 Petitions and I-485 Applications. Notably, separate fees for I-765 and I-131 Applications mark a significant shift in fee structuring.
- EB-5 Filings: Forms I-526 and I-829, related to EB-5 immigration, will experience a substantial threefold fee increase.
- Positive Changes: Amidst fee increases, USCIS introduces positive changes, including fee decreases for online N-400 or I-90 filings, along with expanded fee exemptions and discounts for online submissions.
Introduction
In a significant move, the U.S. Citizenship and Immigration Services (USCIS) has announced the publication of a final rule to adjust immigration and naturalization benefit request fees. This adjustment, the first since 2016, is positioned as a step towards improving USCIS’ operational efficiency and expediting application processing. The final rule, which will be accompanied by updated USCIS Forms as well, stems from a mandated comprehensive fee review conducted on a biennial basis and is aimed at empowering the Service to recover a more substantial share of its operating costs – almost all of which comes from filing fees – without imposing a disproportionately negative impact on individual filers. In addition to filing fee increases on a classification-by-classification basis, the final rule also introduces an Asylum Program Fee that will aid USCIS in covering the costs of processing Asylum Applications. Stakeholders are assured a grace period until June 3, 2024, for the acceptance of both previous and new editions of certain forms filed with the correct fee.
Key Highlights
I-129 Petitions:
The fee adjustments for I-129 Petitions demand careful consideration by employers, with increases being additional to existing statutory fees such as Fraud Fee (H-1B/L-1) and ACWIA (H-1B). Employers need to factor in elements like the size of the company, nonprofit status, and specific classification characteristics. A meticulous review of each case is necessary to ensure accurate budgeting for immigration processes. As shown below, the brunt of these fee increases will impact for-profit Petitioners that employ more than 25 workers in the United States. Indeed, a 10-person H-1B Petitioner will face no increase to its base filing fee, whereas a for-profit company of 30 workers will be required to pay $780.00 for an H-1B, $1,385 for an L, or $1,055.00 for an O Petition.
Asylum Program Fees:
In an equally-calibrated approach that impacts larger, for-profit companies above all, Asylum Program Fees will be tacked-on to an I-129 or I-140 Petition based on the employer’s tax filing status and number of employees. Specifically, the Asylum Program Fee will be $0.00 for nonprofits, $300.00 for entities with 25 or fewer employees, and $600.00 for organizations with over 25 employees. This tiered structure aims to rationalize costs associated with the asylum program, ensuring fairness in the fee framework. Importantly, the Asylum Program Fee is the only material modification to the I-140 Petition’s cost, as the filing fee increased from $700.00 to $715.00.
I-130 Petition and I-485 Applications:
Moderate fee increases are anticipated for I-130 Petitions and I-485 Applications. Notably, a significant change involves the introduction of separate fees for I-765 and I-131 Applications filed in connection with a I-485 Application submitted on or after April 1, 2024. This shift emphasizes a more detailed and specific approach to each application type, streamlining the fee structure for increased clarity.
I-765 filed simultaneously with I-485 on or after April 1, 2024, will be $260.00, with the same fee for renewals. Additionally, the I-131 will be charged at its full price as of the effective date. However, if the I-485 Application arrived at USCIS before April 1, 2024, there will continue to be no charge for I-765 and I-131 filings.
EB-5 Petitions:
Forms I-526 and I-829 will undergo a substantial threefold fee increase. The current fee for the I-526/I-526E is $3,675, and the proposed fee is $11,160. Similarly, for the I-829 the current fee is $3,750, while the proposed fee is $9,525. This change underscores the evolving landscape of immigration policy, with a heightened focus on sustainability and financial viability in the EB-5 program.
Decreases and Discounts:
On a positive note, amidst these fee increases, USCIS is introducing positive changes to some of their fee structure. Fee decreases for online N-400 or I-90 filings, along with expanded fee exemptions and discounts for online submissions, aim to streamline the filing process and encourage digital engagement.
Selection of Fee Adjustments
The table below provides a brief overview of some of the above-referenced fee increases. The complete table can be viewed in the final rule.
| Form | Current Fee | Proposed Fee | Fee Increase |
|---|---|---|---|
| I-129 (H-1 Classifications) | $460 | $780 | $320 |
| I-129 (H-1 Classifications, small employers, and nonprofits) | $460 | $460 | $0 |
| I-129 (H-2A – Named Beneficiaries) | $460 | $1,090 | $630 |
| I-129 (H-2A – Named Beneficiaries, small employers, and nonprofits) | $460 | $545 | $85 |
| I-129 (H-2A – Unnamed Beneficiaries) | $460 | $530 | $70 |
| I-129 (H-2A – Unnamed Beneficiaries, small employers, and nonprofits) | $460 | $460 | $0 |
| I-129 (H-2B – Named Beneficiaries) | $460 | $1,080 | $620 |
| I-129 (H-2B – Named Beneficiaries, small employers, and nonprofits) | $460 | $540 | $80 |
| I-129 (H-2B – Unnamed Beneficiaries) | $460 | $580 | $120 |
| I-129 (H-2B – Unnamed Beneficiaries, small employers, and nonprofits) | $460 | $460 | $0 |
| I-129 (Petition for L Nonimmigrant workers) | $460 | $1,385 | $925 |
| I-129 (Petition for L Nonimmigrant workers, small employers, and nonprofits) | $460 | $695 | $235 |
| I-129 (Petition for O Nonimmigrant workers) | $460 | $1,055 | $595 |
| I-129 (Petition for O Nonimmigrant workers, small employers, and nonprofits) | $460 | $530 | $70 |
| I-140 (Petition for immigrant workers) | $700 | $715 | $15 |
| I-526/I-526E (Immigrant Petition by Standalone/Regional Center) | $3,675 | $11,160 | $7,485 |
| I-829 (Petition by Investor to Remove Conditions) | $3,750 | $9,525 | $5,775 |
Conclusion
The final rule on fee adjustments represents a comprehensive effort by USCIS to align its revenue structure with operational costs. Stakeholders are encouraged to review these changes carefully and adapt their immigration strategies accordingly. If you have any questions or require further clarification on how these adjustments may impact your case, please contact our office. Our team is dedicated to providing expert guidance in navigating these changes and ensuring a smooth immigration process for our clients.
