On April 1, 2024, the U.S. Citizenship and Immigration Services (USCIS) will implement a final rule to adjust various immigration and naturalization benefit request fees. These changes will notably affect the cost structure for different immigration benefits, particularly employment-based petitions. Here’s a summary of the key updates from the final rule:
New Asylum Program Fee for Employment-Based Visas: USCIS will introduce a $600 Asylum Program Fee for both I-129 and I-140 petitions. However, small employers (those with 25 or fewer full-time employees) will benefit from a reduced fee of $300, with exemptions granted to nonprofit employers.
Fee Changes for Form I-129 and Form I-140: Significant fee adjustments will be made for various immigration forms, particularly impacting Form I-129 (Petition for a Nonimmigrant Worker) and Form I-140 (Immigrant Petition for Alien Workers). Notable changes include:
- Form I-129 filing fees for H-1B and L-1 petitions will rise by 70% and 201%, respectively, reaching $780 and $1,385.
- Form I-140 petitions will experience a minor 2% increase from $700 to $715.
Premium Processing Timeline Change: Effective February 26, 2024, USCIS will extend the premium processing adjudication period from 15 calendar days to 15 business days. This extension may impact the planning of immigration filings.
New Process and Fees for Adjustment of Status Applications: USCIS will introduce a $1,440 fee for most adjustment of status applications, with a reduced fee of $950 for applicants under 14 applying concurrently with a parent. Additionally, USCIS will unbundle fees for Employment Authorization Document (EAD) and Advance Parole (AP) applications from the adjustment of status filing fee.
These fee adjustments reflect USCIS’s efforts to align fees with operational costs while streamlining processes and ensuring continued service provision. However, they may pose financial challenges for applicants and employers, particularly smaller businesses and nonprofit organizations. Stay informed and plan ahead for immigration filings in light of these changes.
Please note that the provided fee changes apply to various immigration forms and may have implications for different categories of applicants. For specific questions regarding immigration matters, it’s advisable to seek guidance from legal professionals or immigration attorneys.
The following chart provides a breakdown of anticipated immigration benefits along with their corresponding application fees.
Table 1: Non-Statutory IEFA Immigration Benefit Request Fees
| Immigration Benefit Request | Current Fee(s) | NPRM Fee(s) | Final Fee | Current to Final Difference |
| 1-90 Application to Replace Permanent Resident Card (online filing) | $455 | $455 | $415 | -9% |
| 1-90 Application to Replace Permanent Resident Card (online filing with biometric services) | $540 | $455 | $415 | -$125 (-23%) |
| I-90 Application to Replace Permanent Resident Card (paper filing) | $455 | $465 | $465 | $10 (2%) |
| 1-90 Application to Replace Permanent Resident Card (paper filing with biometric services) | $540 | $465 | $465 | -$75 (-14%) |
| I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document | $445 | $680 | $560 | $115 (26%) |
| 1-129 Petition for a Nonimmigrant worker | $460 | N/A | N/A | N/A |
| 1-129 H-1 Classifications | $460 | $780 | $780 | $320 (70%) |
| 1-129 H-1 Classifications (small employers and nonprofits) | $460 | $780 | $460 | $0 (0%) |
| 1-129 H-2A – Named Beneficiaries | $460 | $1,090 | $1,090 | $630 (137%) |
| 1-129 H-2A – Named Beneficiaries (small employers and nonprofits) | $460 | $1,090 | $545 | $85 (18%) |
| 1-129 H-2A – Unnamed Beneficiaries | $460 | $530 | $530 | $70 |
| 1-129 H-2A – Unnamed Beneficiaries (small employers and nonprofits) | $460 | $530 | $460 | $0 (0%) |
| 1-129 H-2B – Named Beneficiaries | $460 | $1,080 | $1,080 | $620 (135%) |
| 1-129 H-2B – Named Beneficiaries (small employers and nonprofits) | $460 | $1,080 | $540 | $80 (17%) |
| 1-129 H-2B – Unnamed Beneficiaries | $460 | $580 | $580 | $120 (26%) |
| 1-129 H-2B – Unnamed Beneficiaries (small employers and nonprofits) | $460 | $580 | $460 | $0 (0%) |
| 1-129 Petition for L Nonimmigrant workers | $460 | $1,385 | $1,385 | $925 (201%) |
| 1-129 Petition for L Nonimmigrant workers (small employers and nonprofits) | $460 | $1,385 | $695 | $235 (51%) |
| 1-129CW (CNMI-only Nonimmigrant Transitional Worker) | $460 | $1,015 | $1,015 | $555 (121%) |
| 1-129CW (CNMI-only Nonimmigrant Transitional Worker) (small employers and nonprofits) | $460 | $1,015 | $510 | $50 |
| 1-129CW Petition for a CNMI-only Nonimmigrant Transitional Worker (with biometric services) | $545 | $1,015 | $510 | -$35 (-6%) |
| 1-129F Petition for Alien Fiancé(e) | $535 | $720 | $675 | $140 (26%) |
| 1-130 Petition for Alien Relative (online filing) | $535 | $710 | $625 | $90 (17%) |
| 1-130 Petition for Alien Relative (after filing) | $535 | $820 | $675 | $140 (26%) |
| 1-131 Application for Travel Document | $575 | $630 | $630 | $55 (10%) |
| 1-131 Application for Travel Document with biometric services | $660 | $630 | $630 | -$30 (-5%) |
| 1-131 Refugee Travel Document for an individual age 16 or older (with biometric services) | $220 | $165 | $165 | -$55 (-25%) |
| 1-131 Refugee Travel Document for a child under the age of 16 | $105 | $135 | $135 | $30 (29%) |
| 1-131 Refugee Travel Document for a child under the age of 16 (with biometric services) | $190 | $135 | $135 | -$55 (-29%) |
| 1-131 An Application for Travel Document Carrier Documentation | $575 | $575 | $575 | $0 (0%) |
| 1-140 Immigrant Petition for Alien Workers | $700 | $715 | $715 | $15 (2%) |
| 1-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA) | $930 | $930 | $930 | $0 (0%) |
| I-192 Application for Advance Permission to Enter as Nonimmigrant CBP | $585 | $1,100 | $1,100 | $515 (88%) |
| I-192 Application for Advance Permission to Enter as Nonimmigrant USCIS | $930 | $1,100 | ||
| I-193 Application for Waiver of Passport and/or Visa | $585 | $695 | $695 | $110 |
| 1-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | $930 | $1,395 | $1,175 | $245 (26%) |
| 1-290B Notice of Appeal or Motion | $675 | $700 | $800 | $125 (19%) |
| 1-360 Petition for Amerasian, Widow(er), or Special Immigrant | $435 | $515 | $515 | $80 |
| 1-485 Application to Register Permanent Residence or Adjust Status | $1,140 | $1,540 | $1,440 | $300 |
| I-485 Application to Register Permanent Residence or Adjust Status with biometric services | $1,225 | $1,540 | $1,440 | $215 (18%) |
| 1-485 Application to Register Permanent Residence or Adjust Status (under the age of 14 in certain conditions) | $750 | $1,540 | $950 | $200 (27%) |
| 1-526/526E Immigrant Petition by Standalone/Regional Center | $3,675 | $11,160 | $11,160 | $7,485 |
| 1-539 Application to Extend/Change Nonimmigrant Status (online filing) | $370 | $525 | $420 | $50 |
Note: The Form 1-129 fees in this table are for the underlying form. Certain additional fees may be required by other regulations or statutes depending on factors such as the size of the business and the classification of the nonimmigrant beneficiary. See 8 CFR 106.2(c). Other fees such as the CNMI Education Fund fee and Asylum Program Fee are also required.
This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
Chinese (Simplified)
Hebrew
Hindi
Spanish
Urdu