The Department of Homeland Security recently published a Final Rule in the Federal Register establishing a filing fee increase that will go into effect on April 1, 2024. The new fee schedule significantly increases several filing fees and creates cost-based incentives to file applications online rather than by mail.

A reproduction of a portion of the fee schedule appears below. It should also be noted that the Final Rule includes a new Asylum Program fee of $600 (for employers with 26 or more full-time equivalent employees) or $300 (for employers with 25 or fewer full-time equivalent employees). The Asylum Program fee applies to employers every time they file either Form I-129, Petition for a Nonimmigrant Worker or Form I-140, Immigrant Petition for Alien Worker. This fee is intended to cover some of the costs associated with asylum processing, which does not include its own fee. Nonprofit petitioners are exempt from the Asylum Program Fee.

This Final Rule is separate from and in addition to the Premium Processing fee increase recently announced by USCIS, which goes into effect on February 26, 2024.

USCIS has also announced that new versions of the affected forms will go into effect on April 1 which include new questions to identify which new fees apply. While many of these forms will have a grace period during which the old versions will remain acceptable, USCIS will reject any Form I-129 and Form I-140 submissions received on or after April 1 that do not use the new version; there is no grace period for those two forms.

A select portion of the new fee schedule published by USCIS on its website includes the following:

Type of FilingCurrent Fee(s)Final Fee(s)Current vs. Final Fees
I-129 H-1B$460$780$32070%
I-129 H-1B (small employers and nonprofits)$460$460$00%
I-129 H-2A – Named Beneficiaries$460$1,090$630137%
I-129 H-2A – Named Beneficiaries (small employers and nonprofits)$460$545$8518%
I-129 H-2A – Unnamed Beneficiaries$460$530$7015%
I-129 H-2A – Unnamed Beneficiaries (small employers and nonprofits)$460$460$00%
I-129 H-2B – Named Beneficiaries$460$1,080$620135%
I-129 H-2B – Named Beneficiaries (small employers and nonprofits)$460$540$8017%
I-129 H-2B – Unnamed Beneficiaries$460$580$12026%
I-129 H-2B – Unnamed Beneficiaries (small employers and nonprofits)$460$460$00%
I-129 Petition for L Nonimmigrant workers$460$1,385$925201%
I-129 Petition for L Nonimmigrant workers (small employers and nonprofits)$460$695$23551%
I-129 Petition for O Nonimmigrant workers$460$1,055$595129%
I-129 Petition for O Nonimmigrant workers (small employers and nonprofits)$460$530$7015%
I-129F Petition for Alien Fiancé(e)$535$675$14026%
I-130 Petition for Alien Relative (online filing)$535$625$9017%
I-130 Petition for Alien Relative (paper filing)$535$675$14026%
I-131 Application for Travel Document$575$630$5510%
I-131 Application for Travel Document (with biometric services)$660$630-$30-5%
I-140 Immigrant Petition for Alien Workers$700$715$152%
I-192 Application for Advance Permission to Enter as Nonimmigrant (CBP)$585$1,100$51588%
I-192 Application for Advance Permission to Enter as Nonimmigrant (USCIS)$930$1,100$17018%
I-360 Petition for Amerasian, Widow(er), or Special Immigrant$435$515$8018%
I-485 Application to Register Permanent Residence or Adjust Status$1,140$1,440$30026%
I-485 Application to Register Permanent Residence or Adjust Status (with biometric services)$1,225$1,440$21518%
I-485 Application to Register Permanent Residence or Adjust Status (under the age of 14 in certain conditions)$750$950$20027%
I-539 Application to Extend/Change Nonimmigrant Status (online filing)$370$420$5014%
I-539 Application to Extend/Change Nonimmigrant Status (online filing) (with biometric services)$455$420-$35-8%
I-539 Application to Extend/Change Nonimmigrant Status (paper filing)$370$470$10027%
I-539 Application to Extend/Change Nonimmigrant Status (paper filing) (with biometric services)$455$470$153%
I-601 Application for Waiver of Grounds of Inadmissibility$930$1,050$12013%
I-751 Petition to Remove Conditions on Residence$595$750$15526%
I-751 Petition to Remove Conditions on Residence (with biometric services)$680$750$7010%
I-765 Application for Employment Authorization (online filing)$410$470$6015%
I-765 Application for Employment Authorization (online filing) (with biometric services)$495$470-$25-5%
I-765 Application for Employment Authorization (paper filing)$410$520$11027%
I-765 Application for Employment Authorization (paper filing) (with biometric services)$495$520$255%
I-800 Petition to Classify Convention Adoptee as an Immediate Relative and Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country$775$920$14519%
N-400 Application for Naturalization (online filing)$640$710$7011%
N-400 Application for Naturalization (online filing) (with biometric services)$725$710-$15-2%
N-400 Application for Naturalization (paper filing)$640$760$12019%
N-400 Application for Naturalization (paper filing) (with biometric services)$725$760$355%
N-400 Application for Naturalization (applicants with household income between 150 and 400% of the Federal Poverty Guidelines (FPG))$320$380$6019%
N-400 Application for Naturalization (applicants with household income between 150 and 400% of the FPG) (with biometric services)$405$380-$25-6%
USCIS Immigrant Fee$220$235$157%
H-1B Registration Process Fee$10$215$2052,050%

If you have questions about your particular case, contact the Harris Beach immigration team to discuss the options that may be available to you. Our Immigration Law Practice Group includes immigration attorneys that work across New York State in our Albany, Buffalo, Ithaca, Long Island, New York City, Rochester and Syracuse offices. Our immigration lawyers focus on strategies – including immigrant visas for permanent U.S. resident status and temporary visas for foreign nationals – to ensure that companies are able to hire, transfer, and retain the brightest and best non-U.S. talent.