January 11, 2024
Potential and Impending Increase in Several US Immigration Fees
This is an update regarding the anticipated increase in government fees for several immigration processes. On January 4, 2023, the USCIS proposed a rule to adjust the fee schedule, which included an overall weighted average increase of 40% in application fees. The White House’s Office of Information and Regulatory Affairs (OIRA) officially received the final rule containing the new fees on January 8, 2024. While the customary review period for OIRA is up to 90 days, there is a possibility that the U.S. Administration will prioritize expediting the finalization of this rule. This is largely due to the fact that it has been eight years since the last fee increase. The USCIS has previously emphasized the necessity of a significant fee hike to better cover operational costs and enhance workload management. Based on historical precedent, once the rule is published in the Federal Register, it is likely to take effect at least 60 days later. This means that the new fees could become applicable to H-1B petitions that are filed under the FY 2025 CAP.
Under the proposed fee schedule, employers could potentially face:
• A 70% increase in fees for H-1B petitions
• A 129% increase in fees for O-1 petitions
• A 201% increase in fees for L-1 petitions
• A $600 surcharge for Forms I-129 and I-140
• An over 2,000% increase in fees for the H-1B electronic registration system
• A 130% increase in fees for Adjustment of Status (AOS), Advance Parole (AP), and Employment Authorization Document (EAD) applications when filed together.
Our team will monitor the situation and send out an alert when the rule to increase fees is finalized and details about when the increased fees will be applicable.