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USCIS Issues Final Rule With New Filing Fees

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.

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