This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh, Fredrikson Immigration Department Chair, is a member.
U.S. Citizenship and Immigration Services (USCIS) published a final rule, effective April 1, 2024, to adjust certain immigration and naturalization benefit request fees. The final rule includes fee increases for various categories, such as:
- I-129 H-1B (named beneficiaries), from $460 to $1,080
- I-129 H-1B (named beneficiaries, small employers and nonprofits), from $460 to $540
- I-129 L Nonimmigrant Workers, from $460 to $1,385
- I-129 L Nonimmigrant Workers (small employers and nonprofits), from $460 to $695
- I-526/526E Immigrant Petition by Standalone Regional Center, from $3,675 to $11,160
Among other things, the final rule also:
- States that effective February 26, 2024, premium processing fees will be adjusted to reflect inflationary increases from June 2021 through June 2023. Premium processing fees will increase from $2,500 to $2,805; from $1,750 to $1,965; and from $1,500 to $1,685.
- Imposes a new Asylum Program Fee to be paid by employers who file either a Form I-129, Petition for a Nonimmigrant Worker, Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, or Form I-140, Immigrant Petition for Alien Worker. The fee will be $0 for nonprofits; $300 for small employers (defined as firms or individuals having 25 or fewer full-time employees); and $600 for all other filers of Forms I-129 and I-140.
- Allows for half-price Employment Authorization Document applications for adjustment of status applicants and a reduced fee for adjustment of status applicants under the age of 14 in certain situations; and
- Implements a standard $50 discount for most online filers. The discount does not apply “in limited circumstances, such as when the form fee is already provided at a substantial discount or USCIS is prohibited by law from charging a full cost recovery level fee.”
