In early 2023, USCIS issued a proposed fee increase rule and in late 2023, USCIS announced inflation-based increases to premium processing filing fees to become effective on February 26, 2024.
On January 31, 2024, USCIS issued a final fee increase rule, which provides for the following increases in filing fees, effective April 1, 2024. USCIS maintained the two tier structure of a lower filing fee for certain online filings, instituted a new two tier structure for H1B petitions (based on company size and nonprofit status), and created a new Asylum Program Fee that will be added to certain filing categories. Following is a selection of some of the changes in filing fees:
H-1B registration: $10 filing fee increases to $215 (this will not be effective until FY2026 registrations to be submitted in 2025).
I-129 H-1B: $460 base filing fee increases to $780 (no increase if nonprofit or if 25 or fewer FTEs)
I-129 L-1: $460 base filing fee increases to $1385 ($695 if nonprofit or if 25 or fewer FTEs)
I-129 O-1: $460 base filing fee increases to $1055 ($530 if nonprofit or if 25 or fewer FTEs)
I-129 E, H-3, P, Q, R, TN: $460 base filing fee increases to $1015 ($510 if nonprofit or if 25 or fewer FTEs)
I-539 application to extend/change status: $370 filing fee increases to $420 (online) or $470 (paper)
I-130 immigrant visa petition: $535 filing fee increases to $625 (online) or $675 (paper)
I-140 immigrant visa petition: $700 filing fee increases to $715
I-485 adjustment of status: $1225 filing fee increases to $1440; also, I-765 and I-131 applications filed
I-765 employment authorization application: $410 filing fee increases to $470 (online) or $520 (paper); for a I-765 filed with or based upon a I-485 adjustment application: filing fee exemption ends, and increases to $260.
I-131 advance parole travel authorization application: $575 filing fee increases to $630; this includes a I-131 filed with or based upon a I-485 adjustment application: filing fee exemption ends.
N-400 naturalization application: $725 filing fee decreases to $710 (online) or increases to $760 (paper), (with different fees if household income is below 400% of federal poverty guidelines).
In addition, the rule institutes a new Asylum Program Fee: this new filing fee will apply to I-129 and I-140 petitions: $600 ($300 if 25 or fewer FTEs, no fee if nonprofit).
Finally, the new rule increases premium processing fees (the effective date of these increases is earlier than April 1, 2024, and is effective February 26, 2024, given the earlier notice of fee increases to adjust for inflation referenced above).
The new rule effective April 1, 2024 also expands premium processing to certain I-539 applications to change status ($1965 for 30 day processing) and to all I-765 employment authorization applications ($1685 for 30 day processing), and changes the premium processing timeline for all premium processing requests from calendar days to business days. For example, a H1B petition that would have been premium processed within 15 calendar days for a filing fee of $2500 would be premium processed within 15 business days for a filing fee of $2805.
