The Department of Homeland Security announced an increase in immigration filing fees in a final rule published on January 31, 2024. The new fee increases will occur on April 1, 2024. The US Citizenship and Immigration Services ("USCIS") operations are primarily funded by user fees. The new fees are intended to recover the costs of services provided and to improve service and processing times.

1. Where can I find the new USCIS filing fees?

USCIS has published a Frequently Asked Questions website, with a table showing the current fee, the proposed fee, the final fee, and the percentage difference.

The new fee schedule may have different filing fees based on the size of the company, the age of an applicant, the applicant's income level, the classification type, or how the application is filed.

2. Will the USCIS issue new forms on April 1, 2024?

Yes, the USCIS will publish updated forms to manage the changes in filing fees and rules. These new forms will take effect on April 1, 2024. You can see Redlined versions of the updated forms at https://www.regulations.gov/.

USCIS will provide a grace period to accept prior editions for most forms through June 3, 2024, if the correct filing fee is submitted. There is no grace period for the following forms because these forms had to be revised with a new fee calculation:

• • Form I-129, Petition for a Nonimmigrant Worker;
  • Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker;
  • Form I-140, Immigrant Petition for Alien Workers.

USCIS will use the postmark date of a filing to determine whether the correct form version and fees were submitted. The USCIS will use the date that the petition or application is received to determine whether the filing meets the regulatory or statutory filing deadlines.

3. Does the USCIS offer discounts for filing an application or petition online?

Yes, the USCIS provides a $50 discount for forms that are filed online. The discount is available for the following forms:

• Form I-90
• Form I-130
• Form I-539
• Form I-765
• Form N-336
• Form N-400
• Form N-565
• Form N-600
• Form N-600K
• Form G-1041, and
• Form G-1041A.

4. Has the USCIS changed the rules about Fee Waivers, Fee Exemptions, and Fee Reductions?

Yes, the fee rule states that USCIS can grant a waiver of the fee if the requestor demonstrates an inability to pay. This inability to pay may be shown by receiving a means-tested benefit, a household income at or below 150 percent of the Federal Poverty Guidelines, or extreme financial hardship.

You can show the parent's inability to pay by demonstrating that a child in the household receives a means-tested benefit.

The USCIS expanded fee exemptions to:

• • T and U visa applicants, VAWA Self Petitioners, and Special Immigrant Juveniles requesting permanent residency through adjustment of status 
  • Military members and their families.

The USCIS reduced certain types of fees, including:

• No separate biometrics fee for most applications 
• Reduced fee for I-485 applications filed by most children under the age of 14 ($950 as compared to $1440).
• Reduced fee (50 percent off) for I-765 filed concurrently or with a pending adjustment of status
• Expands eligibility for reduced N-400 fee to applicants with a household income at or below 400 percent of the poverty guidelines.

5. How has the fees for work and travel authorization changed with the I485 Adjustment of Status application?

With the previous fee structure, applicants for permanent residency filing the I485 Adjustment of Status application would not have to pay filing fees for filing the Form I-131 travel authorization (also called advance parole) or I-765 employment authorization (also called Employment Authorization Document or EAD).

The new USCIS fee rule now requires payment of all three fees separately. There is a 50 percent discount for Forms I-765 that are filed based on an adjustment of status application. This means that filing for work and travel authorization, or renewing work and travel authorization while waiting for a permanent residency application to be approved, will be much more expensive.

6. Did the USCIS change the timeline for handling Premium Processing cases?

The USCIS fee increase rule changed the processing times for premium processing from calendar days to business days. This means that the USCIS will have a few additional days to decide cases filed with premium processing. 

The fees for premium processing are set up to increase on February 26, 2024, rather than April 1. This fee increase was issued in a different final rule on December 27, 2023.

7. Which employers will be required to pay the additional Asylum Program Fee?

The USCIS imposed an additional "Asylum Program Fee" on employers filing Form I-129 Petition for Nonimmigrant Worker and Form I-140 Immigrant Petition for Alien Worker. This Asylum Program Fee will be used by the USCIS to fund asylum operation services to those seeking refuge and protection in the United States. These asylum operations have greatly expanded in the last several years due to the growing humanitarian crises worldwide.

The asylum program fee will be:

• • $600 for employers with 26 or more full-time equivalent (FTE) employees.
  • $300 for small employers with 25 or fewer FTE employees.
  • $0 for nonprofit organizations.

The fee applies to each petition filed. Unlike the ACWIA training fee or anti-fraud fees, these fees will continue to be charged regardless of how many petitions have been filed previously.

8. How will the USCIS fee increases affect filing for work visas by employers with the Form I-129?

The USCIS has instituted significant changes in the filing fee for employers filing for work visas with the Form I-129. The filing fees for the Form I-129 will now depend on the requested visa classification, and the size and type of employer.

9. What other USCIS fee increases will employers have to pay after April 1, 2024?

Beyond the increases in filing fees provided above, employers will also have to pay additional fees for hiring foreign workers. .

The H-1B registration fee increases from $10 to $215. The new registration fee will not take effect until March 2025.

If you have any questions or concerns about the new USCIS fee increases, contact World One Law Group by email at [email protected] or call 425-250-8110.