USCIS Fee Increase 2024: What You Need to Know

USCIS has released the new immigration fees under the final rule which goes into effect on April 1, 2024. Additionally, USCIS has published new forms that correlate to these updated fees (April 1, 2024 – June 3, 2024 USCIS will honor a grace period and accept prior editions of most forms). In January, USCIS published a proposed rule of the new fees but made some changes taking into account the public comments that were submitted.

Employment-Based Immigrant and Nonimmigrant Visas Fees

One of the largest fee increases USCIS published is for EB-5 investor petitions. The fee increase rose from $3,675 to $11,160 for a standalone investor (over 200% increase).

Another fee that rose significantly was the H-1B pre-registration fee which was $10 (and will remain this amount for this current fiscal year) but will be $215 when the USCIS fee increase goes into effect April 1, 2024 (after the initial FY 2025 H-1B cap registration period).

The new USCIS fees for nonimmigrant worker petitions are outlined below:

• H-1 nonimmigrant worker petition fee increased from $460 to $780 (70% increase)
• L nonimmigrant worker petition fee increased from $460 to $1,385 (201% increase)
• O nonimmigrant worker petition fee increased from $460 to $1,055 (129% increase)

Top 10 Highest Fee Increases

DHS will also introduce an extra Asylum Program Fee of $600 for most Form I-129, Petition for Nonimmigrant Workers and Form I-140, Immigrant Petition for Alien Workers. Nonprofit petitioners will be exempt from this fee, and small businesses will incur a $300 charge. With the inclusion of the $600 asylum program fee, the fees for the following nonimmigrant petitions will be adjusted as follows:

• H-1 Nonimmigrant Worker increases from $460 to $1,380.
• L Nonimmigrant Worker increases from $460 to $1,985.
• O Nonimmigrant Worker increases from $460 to $1,655.

Other Noteworthy Changes:

• There will be a $50 discount for many forms filed online
• Biometrics costs will be factored into the primary benefit fee and the agency will remove separate biometric services fees

H-1B Specific Fee Increases

USCIS Fees (if selected for FY2025 H1B Lottery):

Important: These fees reflect the government increases effective April 1st

·  (INCREASED) $780 H-1B filing fee ($460 for companies with 25 or less employees)

·  (No Change)$1,500 ACWIA training fee ($750 for companies with 25 or less employees)

·  (No Change) $500 USCIS anti-fraud fee

·  (INCREASED) $2,805 premium processing fee (+$175 legal administrative fee)

H4 Dependent Fees (if applicable):

·  (INCREASED) $470 USCIS fee

VisaNation H-1B Legal Filing Fees

1. $300 for initial registration.
2. $2,600 if selected, includes form/support letter preparation and case filing.*
3. $500 — $1,600 estimate for post-filing RFE response if needed (depending on complexity).**
4. $250 fee to upgrade to premium processing after filing the initial petition.

Asylum Program Fee – This is a new fee that will be assessed on all Form I-129 and I-140 petitions to help cover the costs of asylum adjudications. This fee should also help free up SCOPS and FOD resources that have been diverted from EB adjudications to asylum adjudications.

• $600 for employers with 26 or more Full-Time Employees (FTEs)
• $300 for small employers (25 FTEs or less)
• $0 for nonprofit organizations

*Only after USCIS confirms that your registration has been selected in the cap lottery will VisaNation begin filing for a separate legal fee of $2600.

**NOTE: Post-filing actions legal fees (also known as a RFE Responses) are not included. RFEs can be issued for any reason, however, if sufficient detailed documentation is provided at the time of the initial filing, it can minimize any additional post-filing action like an RFE.

USCIS Fees listed above apply as well. Note the earliest an individual may commence work on H1B status for a cap-subject employer on an initial petition is October 1st. However, USCIS has no obligation to approve a case before that date.