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United States Mobility: Immigration alert
Effective 1 April 2024, U. S. Citizenship and Immigration Services (USCIS) will adjust numerous fees relating to immigration and naturalization benefits. This is the first fee adjustment since 2016. The fee adjustment will affect numerous immigration benefits, including H-1B, L-1, and O-1 petitions; Applications for Employment Authorization, Advance Parole, and Adjustment of Status; and the EB-5 Program. Furthermore, the H-1B electronic registration processing fee will increase, but as the registration process will be completed in March, this particular fee increase will not affect the upcoming fiscal year 2025 H-1B cap.
Background and analysis
The Immigration and Nationality Act (INA) authorizes the Department of Homeland Security (DHS) to regularly adjust government filing and processing fees to ensure a full recovery of costs. Below is a chart outlining current and new fees for some of the impacted forms and processes:
|
Form/Process |
Prior Fee |
New Filing Fee |
Difference |
|---|---|---|---|
|
H-1B Registration Process Fee |
$10 |
$215 |
$205 |
|
I-129 H-1 Classifications |
$460 |
$780 |
$320 |
|
I-129 H-1 Classifications (small employers and nonprofits) |
$460 |
$460 |
$0 |
|
I-129 Petition for L Nonimmigrant workers |
$460 |
$1,385 |
$925 |
|
I-129 Petition for L Nonimmigrant workers (small employers and nonprofits) |
$460 |
$695 |
$235 |
|
I-129 Petition for O Nonimmigrant workers |
$460 |
$1,055 |
$595 |
|
I-129 Petition for O Nonimmigrant workers (small employers and nonprofits) |
$460 |
$530 |
$70 |
|
I-131 Application for Travel Document |
$575 |
$630 |
$55 |
|
I-131 Application for Travel Document (with biometric services) |
$660 |
$630 |
-$30 |
|
I-140 Immigrant Petition for Alien Workers |
$700 |
$715 |
$15 |
|
I-485 Application to Register Permanent Residence or Adjust Status |
$1,140 |
$1,440 |
$300 |
|
I-485 Application to Register Permanent Residence or Adjust Status (with biometric services) |
$1,225 |
$1,440 |
$215 |
|
I-485 Application to Register Permanent Residence or Adjust Status (under the age of 14 in certain conditions) |
$750 |
$950 |
$200 |
|
I-539 Application to Extend/Change Nonimmigrant Status (online filing) |
$370 |
$420 |
$50 |
|
I-539 Application to Extend/Change Nonimmigrant Status (online filing) (with biometric services) |
$455 |
$420 |
-$35 |
|
I-539 Application to Extend/Change Nonimmigrant Status (paper filing) |
$370 |
$470 |
$100 |
|
I-539 Application to Extend/Change Nonimmigrant Status (paper filing) (with biometric services) |
$455 |
$470 |
$15 |
|
I-765 Application for Employment Authorization (online filing) |
$410 |
$470 |
$60 |
|
I-765 Application for Employment Authorization (online filing) (with biometric services) |
$495 |
$470 |
-$25 |
|
I-765 Application for Employment Authorization (paper filing) |
$410 |
$520 |
$110 |
|
I-765 Application for Employment Authorization (paper filing) (with biometric services) |
$495 |
$520 |
$25 |
|
N-400 Application for Naturalization (online filing) |
$640 |
$710 |
$70 |
|
N-400 Application for Naturalization (online filing) (with biometric services) |
$725 |
$710 |
-$15 |
|
N-400 Application for Naturalization (paper filing) |
$640 |
$760 |
$120 |
|
N-400 Application for Naturalization (paper filing) (with biometric services) |
$725 |
$760 |
$35 |
|
USCIS Immigrant Fee |
$220 |
$235 |
$15 |
Additionally, DHS has established a new Asylum Program Fee of $600. This fee must be paid by employers who file either a Form I-129 or Form I-129CW and applies to extensions in addition to initial filings. A lower fee of $300 will be required if the entity filing the I-129 or I-129CW employs 25 or fewer full-time equivalent workers. The fee will not be required at all if the entity is approved by the IRS as a nonprofit.
What this means
Any filings or procedures with USCIS on or after 1 April 2024, must contain the adjusted fees. Otherwise, USCIS will reject or deny the benefit.
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Summary
We will continue to monitor and review future developments. For additional information, or if you wish to discuss this further, please contact your EY Law LLP professional. Visit eylaw.ca.
The information shared through EY Law LLP Immigration Alerts is for information purposes only. It is not, and should not be taken as, legal advice.