USCIS just announced an increase in filing fees, the first hike since 2016. The agency claims that the current fees are not sufficient to cover the cost of operations, the expansion of humanitarian programs, federally mandated pay raises, and additional staffing requirements.
Additionally, USCIS asserts that the enhanced filing fees will be allocated towards the creation of innovative solutions aimed at enhancing customer experience and addressing the challenge of backlog growth.
The following chart represents the most notable fee increases. Because the fees will not go into effect until April 1, the H-1B Cap registration fee will remain at $10. The H-1B registration fee will increase to $215 in March 2025.
| Form/ Filing | Previous fee | New fee |
| I-129 (E-1, E-2, E-3, TN, H-3, P, Q, R) | $460 | $1,015 |
| I-129 (H-1B) | $460 | $780 |
| I-129 (H-1B: nonprofits and small employers*) | $460 | $460 |
| I-129 (L) | $460 | $1,385 |
| I-29 (O) | $460 | $1,055 |
| I-140 | $700 | $715 |
| I-131 Application for Travel Document | $575 | $630 |
| I-131 Application for Travel Document (with biometrics services) | $660 | $630 |
| I-130 (online filing) | $535 | $625 |
| I-130 (paper filing) | $535 | $675 |
| I-485 (without biometrics services) | $1,140 | $1,440 |
| I-485 (with biometrics services) | $1,225 | $1,440 |
| I-485 (under the age of 14) | $750 | $950 |
| I-526 (EB-5 Standalone Investor) | $3,675 | $11,160 |
| I-526E (EB-5 Regional Center Investor) | $3,675 | $11,160 |
| I-956 (EB-5 Regional Center Designation) | $17,795 | $47,695 |
| I-956F (EB-5 Investment in a Commercial Enterprise) | $17,795 | $47,695 |
| N-400 (online filing) | $640 | $710 |
| N-400 (online filing with biometrics services) | $725 | $710 |
| N-400 (paper filing) | $640 | $760 |
| N-400 (paper filing with biometrics services) | $725 | $760 |
| Premium processing | $2,500 | $2,805 (starting on February 26, 2024) |
*Small employers are employers with 25 or fewer full-time employees.
Please note that employers who file I-129s and I-140s will also be required to pay a new Asylum Program Fee of $600. This fee is designed to offset certain expenses associated with asylum processing. Nonprofit employers are exempt from this fee, while small employers will incur a reduced fee of $300.
To illustrate the impact of these fee changes, consider the case of a company with 26 or more employees. This company would experience the following costs when filing a new H-1B petition:
- $780 filing fee
- $500 fraud fee
- $1,500 training fee
- $600 asylum program fee
This would cost an employer $3,380, excluding attorney’s fees. If the employer wanted to file in premium processing, that would cost another $2,805, totaling $6,185.
Requiring employers to fund the asylum program will likely cause frustration for many and will likely lead to lawsuits challenging such requirement.
Conclusion
The impact of this fee hike on the overall customer experience is yet to be observed. While we hope for a decrease in processing times, immediate improvements are not likely. Adequately funding staffing requirements and the subsequent task of recruiting and training personnel present distinct challenges that need to be addressed by USCIS.
We encourage individuals to file as soon as possible, whether it be for H-1B extensions or EB-5 petitions, to avoid these increased and additional fees.
For more information about these changes, please visit: https://www.uscis.gov/frequently-asked-questions-on-the-uscis-fee-rule
If you have any questions regarding the above, please e-mail PLG Partner Chris Prescott at cprescott@patellegal.com.