In January 2023, the United States Citizenship and Immigration Services (USCIS) began a comprehensive review of its resources and fee schedules and issued a notice of proposed rulemaking confirming the intention to adjust filing fees for immigration and naturalization benefit requests. USCIS explains that the review concluded that its current fee schedule is inadequate to cover its costs of operations.
On January 30, 2024, USCIS published its final rule to adjust and, in many cases, increase its fee schedule. While many of the fees face significant increases, USCIS has confirmed that the new fees are the same or lower than those listed in the proposed rule. The increase in fees is said to assist in the reduction of backlogs and processing times. The final rule and its new fee schedule will become effective April 1, 2024.
Notable Fee Increases:
| FORM | Current Fee | New Fee |
| I-129 Petition for Nonimmigrant Worker | $460 for all case types | All cases require a new Asylum Program fee of: $0 for non-profit employers $300 for employers with 25 or fewer full-time employees (“small employers”) $600 for all other employers Notable classification-specific fees: • H-1 Classifications: $780 ($460 for small employers and nonprofits) • L Classifications: $1,385 ($695 for small employers and nonprofits) • O Classifications: $1,055 ($530 for small employers and nonprofits) • CNMI and E, H-3, P, Q, R and TN Classifications $1,015 ($510 for small employers and nonprofits) |
| I-130 Petition for Alien Relative | $535 | $675 |
| I-140 Immigrant Petition for Alien Worker | $700 | $715 Plus new Asylum Program fee of: $0 for non-profit employers $300 for employers with 25 or fewer full-time employees $600 for all other employers |
| I-485 Application for Adjustment of Status | $1,225 | $1,440 |
| I-485 Application for Adjustment of Status for children under 14 in certain conditions | $750 | $950 |
| I-539 Application to Extend/Change Nonimmigrant Status | $370 | $470 |
| I-765 Application for Employment Authorization | $410 | $520 |
| N-400 Application for Naturalization | $725 $320 for applicants with household income below 400% of FPG | $760 $380 for applicants with household income below 400% of FPG |
| H-1B Lottery Registration Fee* | $10 | $215 |
*The increase in the H-1B registration fee will not impact the registration period in March 2024 for the FY2025 lottery.
Additional Key Points:
- USCIS is changing premium processing timelines from calendar days to business days. Additionally, and per a previous announcement, premium processing fees will increase ($2,805 for most I-129 and I-140 filings; $1,965 for I-539 filings; and $1,685 for I-765 OPT and STEM OPT filings).
- Premium processing will now be available for Form I-539 (change or extension of status) for dependents of E, H, L, O, P and R nonimmigrant workers.
- In its announcement, USCIS states that the final rule:
- Lowers the agency’s required annual cost recovery by $727 million, in part by considering the budget effects of improved efficiency measures;
- Expands fee exemptions for Special Immigrant Juveniles and victims of human trafficking, crime, and domestic violence; U.S. military service members and our Afghan allies; and families pursuing international adoption;
- Provides special fee discounts for nonprofit organizations and small business employers;
- Allows for half-price Employment Authorization Document applications for applicants for adjustment of status and a reduced fee for adjustment of status applicants under the age of 14 in certain situations;
- Expands eligibility for a 50% fee reduction for naturalization applications, available to individuals who can demonstrate household income between 150% and 400% of the Federal Poverty Guidelines; and
- Implements a standard $50 discount for online filers.
In addition to the above adjustments, several new filing forms will become effective on April 1, 2024. Stakeholders are directed to closely monitor the USCIS website for the full list of revised forms to ensure proper filing.
Please contact a member of the Dentons Immigration team if you have any questions regarding the above.
