Upcoming USCIS Fee Increases and Changes to Certain Immigration Benefit Requests
The US Citizenship and Immigration Services (USCIS) recently released two back-to-back Final Rules that will increase the fee schedules for premium processing and most petitions and applications for immigration benefits starting in 2024. The Department of Homeland Security (DHS) initially proposed the increase in filing fees in January 2023. As the USCIS is funded primarily by fees charged to applicants and petitioners, the agency conducted a comprehensive fee review and determined that current fees do not cover the full costs of its adjudication services and has increased fees to adjust for inflation and to ensure efficient and timely processing of petitions and applications. The new USCIS fee schedule, effective on April 1, 2024, is the first major fee change since 2016. The USCIS anticipates that the increased filing fees will generate $1.4 billion in revenue per year, which will allow the agency to continue working on reducing its backlog and improving processing times.
A complete chart listing USCIS’s current and new fees is available here.
Key Takeaways:
Premium Processing Fee Increase and Change in Adjudicative Time Period
Effective February 26, 2024, the filing fee for Form I-907 Request for Premium Processing increased by 12.30% from $2500 to $2805, as shown in the chart below. Premium Processing is an optional service for an additional fee for expedited processing of certain petitions and applications. The USCIS has not adjusted this fee since October 1, 2020.
In addition, the adjudicative period for Premium Processing requests filed on or after April 1, 2024 will be counted in business days, rather than calendar days.
Increase to H-1B Registration Fee
The USCIS will increase the fee for the H-1B electronic registration program from $10 to $215 for each registration to recover the costs in administering the program and to deter fraud. The fee increase will not apply to this year’s H-1B cap lottery as the registration period runs from March 6, 2024 through March 22, 2024, and the new fee will go into effect on April 1, 2024. However, if a foreign national is selected in the lottery, the employer will need to pay the new filing fees for the H-1B petition as discussed below.
Discounted Fees for Nonprofits and Small Employers
Under the Final Rule, the DHS provides discounted fees based on employer size and type of employer. Nonprofit organizations and small employers will pay a reduced filing fee for certain immigrant benefit requests. The Final Rule defines small employers as a firm or individual that has 25 or fewer full-time equivalent employees in the United States, including any affiliates and subsidiaries. Small employers will need to submit page 1 of the IRS Form 941, Employer’s Quarterly Tax Return with the petition filing to demonstrate their qualification for the reduced fee. Nonprofit organizations will need to submit evidence of their 501(c)(3) status.
Additional Fee to be Applied to Employment-Based Nonimmigrant and Immigrant Petitions
Effective April 1, 2024, an additional Asylum Program Fee of $600 will be applied to Form I-129 Petition for Nonimmigrant Worker and Form I-140, Immigrant Petition for Workers. The DHS determined that the additional Asylum Program Fee is an effective way to fund part of the asylum program, which is a free service, and it is reasonable to shift these costs to employers who generally have more ability to pay, rather than shifting them to all other fee payers. Under the Final Rule, nonprofit organizations are exempted from paying the Asylum Program Fee, and small employers will pay a reduced fee. The new Asylum Program Fee will apply to initial and renewal Form I-129 petitions.
Changes to Form I-129 and Separate Filing Fees Based on Nonimmigrant Classification
The DHS is revising the Form I-129 Petition for Nonimmigrant Worker according to the type of nonimmigrant classification. Moreover, there will be different I-129 filing fees based on the nonimmigrant classification. Effective April 1, 2024, employers must use the new Form I-129 and pay the new fees. Nonprofits and smaller employers will pay reduced fees.
Unbundled Fees for I-485 Adjustment of Status Applications, I-765 EAD and I-131 Advance Parole Applications
Effective April 1, 2024, green card applicants will pay separate fees for the Form I-485 Adjustment of Status (AOS) Application, and the ancillary benefits Form I-765 employment authorization (EAD) and Form I-131 advance parole travel document. Currently, the costs for initial and renewal Form I-765 and Form I-131 applications are included in the $1225 filing fee for the concurrently filed or pending Form I-485 AOS application. The DHS determined that unbundling the fees will decrease USCIS processing times because applicants who are not in need of employment authorization or who have no intention of traveling outside the United States will not file applications for these ancillary benefits. Under the Final Rule, the DHS will discount the new Form I-765 filing fee if the application is filed concurrently with the I-485 AOS application. However, the discount does not apply to the I-131 advance parole application. On or after April 1st, the filing fees for an applicant who applies for the Form I-485 AOS application with Form I-765 and Form I-131 applications will change from $1225 to $2330.
Discounted Fees for Certain Online Filings
Under the Final Rule, online filing fees will be $50 less than paper filings for certain applications and petitions. The online filing fee discount is limited to Form I-90 green card renewal/replacement, Form I-130 family-based immigrant petition, Form I-539 (F, M, J), and Form I-765 (TPS, F-1 OPT, Asylum, DACA). Please note that the discount on online filing fees does not apply to Form I-821 TPS, Form I-821D DACA, Form I-907 premium processing and Form N-400 citizenship application.
Biometric Fees
The separate Biometric Fee of $85 will no longer be required as this fee is now incorporated into the filing fee for the applications.
What This Means for Our Clients
The significant increases to the filing fees for employment-based petitions and the additional Asylum Program Fee will likely have a substantial financial impact on employers sponsoring their foreign employees. Hopefully, the generated revenue from the fee increase will significantly improve the USCIS backlog and will improve current processing times.