As of January 19, 2024, the Department of Homeland Security’s (DHS) proposed new fee rule has completed its federal review period. Subsequent to this review, DHS is expected to publish the final rule and corresponding fee adjustments ahead of the FY 2025 H-1B Cap registration period. This follows USCIS’s earlier announcement of an increase in premium processing fees for specific immigrant and non-immigrant petitions starting February 26, 2024.
The anticipated changes in the fee regulation include the following: an increase in and the establishment of distinct fees for H-1B, L-1, and various nonimmigrant case types; the introduction of an extra fee on Forms I-129 and I-140 to support humanitarian programs; an elevation in the H-1B cap registration fee; as well as the disaggregation of adjustment of status and ancillary benefit fees, among other provisions.
The following outlines the proposed increase in fees:
|
Form Number |
Classification |
Current Fees |
Proposed Fees |
|
H-1B Electronic Registration Fee |
$10 |
$215 |
|
|
I-129 |
H-1 Classification |
$460 |
$780 |
|
I-129 |
H-2A Classification |
$460 |
$1,090 (named) $530 (unamed) |
|
I-129 |
H-2B Classification |
$460 |
$1,080 (named) $580 (unamed) |
|
I-129 |
L Classification |
$460 |
$1,385 |
|
I-129 |
H-3, P, Q, or R Classifications |
$460 |
$1,015 |
|
I-129 |
O Classification |
$460 |
$1,055 |
|
I-129 |
E or TN Classifications |
$460 |
$1,015 |
|
I-129 |
CNMI-Only Nonimmigrant Transitional Worker |
$460 |
$1,015 |
|
Form Number |
Form Name |
Current Fees With Biometrics |
Proposed Fees With Biometrics |
|
I-485 |
Application to Register Permanent Residence or Adjust Status |
$1,225 |
$1540 |
|
N-400 |
Application for Naturalization |
$725 |
$760 |
|
I-765 |
Application for Employment Authorization |
$410 |
$650 (paper filing) $555 (online) |
|
I-131 |
Application for Travel Document |
$575 |
$630 |
|
Total Fees for Forms I-485, I-765 |
$1,225 |
$2,190 |
|
|
Total Fees for Forms I-485, I-131 |
$1,225 |
$2,170 |
|
|
Total Fees for Forms, I-485, I-131, I-765 |
$1,225 |
$2,820 |
In an effort to address USCIS’ asylum processing backlogs, an additional proposal has been set forth to introduce a new “Asylum Program Fee” of $600 for each petition, applicable to all petitioners filing Form I-129 nonimmigrant petitions and Form I-140 immigrant visa petitions.
Clients are advised to anticipate notable increases in cap registration fees, along with enhanced filing fees for various other immigration benefit requests, in the coming months.
We appreciate your ongoing collaboration and trust in navigating these changes. Our committed team is available to lead you through the dynamic processes, ensuring a seamless and successful immigration journey for your organization and employees. We will continue to update our partners on the latest developments.
Thank you!
Written by Taleen Khleifat
