ARTICLE
12 March 2024

USCIS Issues Final Rule With New Filing Fees

K
Klasko

Contributor

Klasko Immigration Law Partners is dedicated to providing industry-leading employment-based, investment-based, and litigation immigration services to our clients. We help our clients achieve their goals by providing comprehensive immigration legal services. We have a reputation for creative solutions to difficult immigration problems through cutting-edge strategies. Our clients value our extreme responsiveness and our innovative, practical, and effective immigration strategies.
U.S. Citizenship and Immigration Services (USCIS) published a final rule, effective April 1, 2024, to adjust certain immigration and naturalization benefit request fees.
United States Immigration

U.S. Citizenship and Immigration Services (USCIS) published a final rule, effective April 1, 2024, to adjust certain immigration and naturalization benefit request fees. The final rule includes fee increases for various categories, such as:

  • I-129 H-1B (named beneficiaries), from $460 to $1,080
  • I-129 H-1B (named beneficiaries, small employers, and nonprofits), from $460 to $540
  • I-129 L Nonimmigrant Workers, from $460 to $1,385
  • I-129 L Nonimmigrant Workers (small employers and nonprofits), from $460 to $695
  • I-526/526E Immigrant Petition by Standalone Regional Center, from $3,675 to $11,160

Among other things, the final rule also:

  • Imposes a new Asylum Program Fee to be paid by employers who file either a Form I-129, Petition for a Nonimmigrant Worker, Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, or Form I-140, Immigrant Petition for Alien Worker. The fee will be $0 for nonprofits; $300 for small employers (defined as firms or individuals having 25 or fewer full-time employees); and $600 for all other filers of Forms I-129 and I-140.
  • Allows for half-price Employment Authorization Document applications for adjustment of status applicants and a reduced fee for adjustment of status applicants under the age of 14 in certain situations; and
  • Implements a standard $50 discount for most online filers. The discount does not apply "in limited circumstances, such as when the form fee is already provided at a substantial discount or USCIS is prohibited by law from charging a full cost recovery level fee."

Details:

  • Klasko Immigration Law Partners Blog, USCIS Issues Final Rule to Increase Fees and Release New Forms, (Feb. 15, 2024).
  • USCIS final rule, 89 Fed. Reg. 6194 (Jan. 31, 2024).
  • USCIS FAQ on fee rule (Jan. 31, 2024). The FAQ includes a full list of the revised forms effective April 1, 2024, along with the new fees. USCIS said it will accept prior editions of most forms during a grace period from April 1, 2024, through June 3, 2024. During the grace period, USCIS will accept both previous and new editions of certain forms, filed with the correct fee.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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