USCIS Filing Fee Increases Effective on April 1, 2024

In January 2024, the USCIS announced a new fee schedule which will take effect on April 1, 2024. All applications postmarked on or after April 1, 2024, will need to pay the new, higher filing fees. In anticipation of the fee increases, we recommend prospective applicants to plan and prepare their applications accordingly. And we encourage you to submit your applications before April 1, 2024, to utilize the current, lower fees. If you need help with your immigration application, please contact us.

A few key takeaways:

1.      H-1B cap registration fee will increase substantially next year (in March 2025).  The registration fee of $10 will remain in effect this year for the Fiscal Year 2025 cap season.  The registration period will begin shortly in March 2024.  For the next fiscal year, it will increase to $215, a 2050% increase.

2.      Different filing fees for different nonimmigrant work visa classifications.  Under the current fee schedule, the same filing fee of $460 applies to all nonimmigrant work visa classifications that use Form I-129, including the H-1B, L, E, R, and TN visas. Under the new fee schedule, effective April 1, 2024, different filing fees will be required for different classifications; and discounted fees may apply to small employers and nonprofits organizations. The fraud prevention and ACWIA fees that are required for certain H-1B and L-1 petitions remain unchanged.

On a side note, USCIS had previously announced a fee increase for premium processing service (Form I-907), which will go into effect on February 26, 2024. The premium processing fee for the above-mentioned classifications will increase from $2,500 to $2,805 (a 12% increase). To provide USCIS with more time to adjudicate applications, the premium processing adjudication period will extend from 15 calendar days to 15 business days.

3.     Separate filing fees for Form I-485 (adjustment of status), Form I-131 (travel document), and Form I-765 (employment authorization).  Under the current fee schedule, no filing fee is required for travel document (I-131) and employment authorization (I-765) when these applications are filed together with an application to adjust status (I-485). Under the new fee schedule, separate filing fees will be required for I-131 and I-765 even when filed together with an I-485 application; however, when filing an I-765 with an I-485 and the fee for the I-485 is paid, the filing fee for the I-765 will be $260, which is half of the regular fee.

To help you better understand the fee increase, we have created a table that outlines some common types of USCIS filing, current and new filing fees, and the respective increase. Please click here to view the table.

Immigration law is an ever-changing area of law; thus, we highly recommend you to work with a legal counsel for the most up-to-date and detailed information. It will save you valuable time and frustration in the process. We are looking forward to working with you in meeting your immigration needs. Contact us.

This article is also available in Traditional Chinese and Simplified Chinese.

Disclaimer: The information on this website is provided for general informational purposes only and is subject to change without notice. It does not, and is not intended to, constitute legal advice. Accessing or using information on this website does not create an attorney-client relationship between you and the Firm, and it is not intended to do so.

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