The U.S. Citizenship and Immigration Services (USCIS) has issued a final rule, marking the first adjustment of certain immigration and naturalization benefit request fees since 2016. The new fees under the final rule will go into effect on April 1, 2024.

Background

The final rule stems from a comprehensive review of fees mandated by law, following the publication of a notice of proposed rulemaking in January 2023. The review revealed that the existing fee structure falls significantly short of covering the complete costs associated with agency operations, including the expansion of humanitarian programs, federally mandated pay raises, increased staffing needs, and other essential investments.

Highlights of the Final Rule

• For cap-subject H-1B petitions, the registration fee for the H-1B cap increases to $215 per registration, marking a significant 2050% rise from the current fee of $10. This elevated registration fee will be applicable for the FY 2026 cap season, starting in March 2025.
• The L-1 petition fee will increase to $1,385, from $460 amounting to a 201% rise, while the H-1B petition fee will rise to $780, from $460, resulting in a 70% increase.
• Starting from February 26, 2024, a new regulation will bring about a slightly over 12% surge in premium processing fees, elevating the premium fee for Form I-140 petitions and the majority of I-129 to $2,805.
• There is a substantial hike in filing fees for specific EB-5 immigrant petitions. The fees for Form I-526 and Form I-526E (Immigrant Petition by Alien Entrepreneur/Standalone and Regional Center Investor) will experience a significant increase, rising from $3,675 to $11,160 – marking a 204% increment.
• A grace period until June 3, 2024, will allow acceptance of both previous and new editions of certain forms, with exceptions for specific forms requiring revised fee calculations.
• A complete list of the fee increases is available at USCIS’ Frequently Asked Questions page along with details on revised forms.

Conclusion

USCIS urges filers to preview new editions of designated forms, as there will be no grace period for the specified forms due to fee adjustments. Petitioning employers should factor in the financial implications of increased filing fees and consider the extended premium processing timeline when strategizing for Form I-129 and Form I-140 submissions. The Murthy Law Firm will continue to provide updates on this topic as they become available.