Cost increases due to inflation have become a norm over the last two years, and immigration fees are no exception. USCIS announced that effective April 1, 2024, fees for certain immigration benefits will be adjusted for the first time since 2016. The agency is 96% funded through filing fees, and USCIS anticipates the increases will assist with operational costs to avoid the accumulation of future backlogs in case processing.
Of particular note is the increase in filing fees for nonimmigrant work visa petitions. I-129 filing fees for a typical H-1B petition will increase from $460.00 to $780.00. Importantly, whether the increased fee applies depends on the date the petition is filed—not the date requested as the visa status start date.
Employers can generally file extension petitions up to 180 days prior to a foreign national’s status expiration. Thus, employers should assess their foreign national workforce for any individuals that may have status expirations in the next six months and consider filing extension petitions before April 1 to avoid the increased fees. The fee increase will apply to all H-1B FY2025 lottery filings, which are typically accepted starting April 1.
In addition to filing fees, USCIS also announced an increase to the Premium Processing fee for many employment-based filings from $2,500.00 to $2,805.00. The Premium Processing increase goes into effect on February 26, 2024. Premium Processing has historically guaranteed employers a decision on most types of employment-based petitions within fifteen calendar days of filing. With the increased fee, USCIS also announced a move to guarantee adjudication within fifteen business days.
A partial list of the new fees are outlined below:
|
FORM TYPE |
EFFECTIVE APRIL 1 |
|
Nonimmigrant Visa Petitions |
|
|
Form I-129 for H-1B |
$780 |
|
Form I-129 for H-1B (small employers & nonprofits) |
$460 |
|
Form I-129 for L-1 |
$1,385 |
|
Form I-129 for L-1 (small employers & nonprofits) |
$695 |
|
Form I-129 for O-1 |
$1,055 |
|
Form I-129 for O-1 (small employers & nonprofits) |
$530 |
|
Form I-129 for TN |
$1,015 |
|
Form I-129 for TN (small employers & nonprofits) |
$510 |
|
Form I-539 (dependents) |
$470 |
|
H-1B Registration Process Fee (FY2026) |
$215 |
|
Immigrant Visa Petitions (Green Card Process) |
|
|
Form I-140 |
$715 |
|
Form I-485 (with biometric services) |
$1,440 |
|
Form I-485 (under age 14) |
$950 |
|
Form I-765 (Employment Authorization in conjunction with green card application) |
$520 |
|
Form I-131 (Travel Authorization in conjunction with green card application) |
$630 |
|
Premium Processing Requests |
EFFECTIVE FEBRUARY 26 |
|
Premium Processing for H-1B and L-1 |
$2,805 |
|
Premium Processing for I-140 |
$2,805 |
A full list of the new filing fees can be found in the Federal Register: Federal Register: U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements
Burr & Forman’s immigration team advises clients on all aspects of the nonimmigrant work visa process. If your business has questions regarding employment-based visas, contact Melissa Azallion Kenny (makenny@burr.com), Anna Scully (ascully@burr.com), or Jon Eggert (jeggert@burr.com) on the Burr's immigration team.
PartnerAnna represents businesses, families, and individuals with the process of obtaining legal immigration status for key employees and loved ones. She interacts directly with the client at every stage of the process, from finding the ...
PartnerJon Eggert has experience assisting and advising clients on business immigration and labor and employment issues in a wide range of industries, including higher education, healthcare, hospitality, and manufacturing.
His ...
PartnerMelissa Azallion Kenny is the Chair of the firm’s Immigration practice group. She has more than 20 years of experience advising clients on business immigration and labor and employment law issues. Ms. Kenny represents clients in ...
