U.S. Citizenship and Immigration Services (USCIS) published a final rule, which will take effect on April 1, 2024, to adjust certain immigration and naturalization benefit request fees. Through this rule, USCIS will implement substantial fee increases especially for employment-based petitions, reshaping the cost landscape for immigration benefits.
Key Takeaways:
- H-1B Cap Registration Fee Increase: USCIS will substantially increase the H-1B cap registration fee from $10 to $215 per registration, a 2050% surge, effective March 2025 for the FY 2026 cap season and beyond. The fee of $10 remains in effect for this year, the FY 2025 cap season. This change is part of USCIS’s initiative to align fees with the operational costs linked to the administration of the H-1B registration system.
- New Asylum Program Fee for Employment-Based Visas: USCIS will implement a $600 Asylum Program Fee for I-129 and I-140 petitions, with a reduced fee of $300 for small employers, defined as those with 25 or fewer full-time employees, and exempting nonprofit employers.
- Fee Changes for Form I-129, Form I-140, and Form N-400: USCIS will significantly change the filing fees associated with various immigration forms, particularly impacting Form I-129, Petition for a Non-immigrant Worker, Form I-140, Immigrant Petition for Alien Workers, and Form N-400, Application for Naturalization.
Below is the detailed breakdown of the new fee structure applicable for H-1B Petitions starting from 01 April 2024:
Employers (<25 W2 Employees)
|
Employers (25–50 W2 Employees)
|
Employers (>50 W2 Employees)
|
|
Form I-129
|
$460
|
$780
|
$780
|
ACWIA Fee
|
$750
|
$1500
|
$1500
|
F & D Fee
|
$500
|
$500
|
$500
|
Public Law Fee
|
N/A
|
N/A
|
$4000
|
Asylum Fee
|
$300
|
$600
|
$600
|
More information about new fee structure related to other visa categories can be found here:
https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule
What Employers Could Do to Prepare for the Change:
Employers must anticipate the budget impact, consider the extended premium processing timeline, and familiarize themselves with updated USCIS forms that will be mandatory as of April 1, 2024.
We encourage clients to work with your Dyara Immigration Services to submit cases before April 1 to benefit from the current fee structure and form editions. Strategic planning is crucial amid this transformative adjustment in the immigration landscape.
Dyara will continue to monitor any further developments. Should you have any questions, please contact us at info@dyara.com or call on +1 612 712 6636.
