Spotlight on the U.S.: USCIS Fee Increases, Effective April 1, 2024

Effective April 1, 2024, USCIS filing fees for numerous applications will be rising. Notably, the increase will apply to a number of employment visa types- including H-1B, L-1, TN, O, E, and more. Applications postmarked on or after April 1 will be subject to the new fees.

USCIS has stated that the new fees should be increasing processing turnaround times and service levels. USCIS is primarily self-funded: 96% of their funding comes from filing fees. Fees were last reviewed and updated in 2016, with an average increase of over 20%.

H-1B Cap Registration

The H-1B cap registration system, implemented in 2020, will be subject to a large increase for individual registrations, an attempt to counter the fraud within the new system and provide increased administration. Registrations will be rising from $10 to $215 in FY2026 (effective for registrations in March 2025). This upcoming Cap season will not be impacted.

Premium Processing

The Premium Processing application (I-907), already set to rise effective February 26, from $2,500 to $2,805, will be increasing from 15 calendar days to 15 business days.  For more information on Premium Processing changes, please see our previous update: Spotlight Series: The USA: Premium Processing Fee Increase.

Lower Fees for Online Filings

Online filing is restricted to a number of applications, including but not limited to: Form I-130 (Petition for Alien Relative), Form I-765 (Application for Employment Authorization), Form I-539 (Application to Extend/Change Non-immigrant Status), and N-400, Application for Naturalization. Online filings will now be subject to slightly lower fees than a paper filing, typically around $50 less.

Non-immigrant Visa Applications with Form I-129: including H-1Bs, L-1s, Os, TNs, and more

I-129 fees for the vast majority of applications has remained $460 across the board. Effective April 1, applications will have different fee increases, with discounts for small employers (with 25 or fewer employees) and non-profits, as noted. Please see the below chart for specific amounts:

* Kindly note that this is a select list of application types- for the complete list of all applications with changes, kindly refer to the referenced links at the end of this article.

Immigrant Visa Application: Adjustment of Status application and accompanying forms

Adjustment of Status applications filed may be accompanied by a concurrently filed EAD application and Advance Parole application at no additional cost. Under the new fee chart, each application will have a separate fee, regardless of concurrent filings. Notably, however, EADs concurrently filed or EADs extended while the Adjustment of Status pends are subject to a discounted fee. Advance Parole applications do not receive a discounted fee.

* Kindly note that this is a select list of application types- for the complete list of all applications with changes, kindly refer to the referenced links at the end of this article.

Additional Changes

Note that additional fee changes have been made to Asylum Program related filings, Applications for Naturalization, biometrics fee bundling, adoption-related fee exemptions, expanded fee exemptions for vulnerable applicants, and steep increases for EB-5 immigrant petitions, amongst others.

Final Notes

While the increases appear steep and sudden, the fees have been stable over the last seven years, and USCIS must now consider the rising administrative needs associated with running a fee-funded agency.  These changes were initially proposed and published for consultation in January 2023, and have now been finalized. USCIS has estimated that these increases will result in $1.14 billion in revenue, coming mostly from employer filings. As the new fees kick in on April 1, employers wishing to file applications ahead of this initiation date can still benefit from the current, lower fees.

For more information, USCIS announced the update with further details: USCIS Issues Final Rule to Adjust Certain Immigration and Naturalization Fees | USCIS.

For specific common questions on the increase: Frequently Asked Questions on the USCIS Fee Rule | USCIS.

For general information on premium processing: How Do I Request Premium Processing?.

For full details of the program, as published by the Federal Register:

Federal Register: U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements.

Should you have any questions relating to this update, please contact Aryanah Eghbal ([email protected]) and Mairin Hoban ([email protected]).

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