USCIS Fee Increases Due to Begin Imminently

16 Feb USCIS Fee Increases Due to Begin Imminently

Posted at 17:36h in Adjustment of Status, Employment Authorization Document, I-129, L-1 Visa, L-1 Visa, O-1 Visa, Premium Processing, USCIS by

USCIS is due to increase Premium Processing fees and filing fees and for a variety of US visa petitions. The changes affect primarily employment-based visa categories and are due to be significant.

First is the Form I-907, Request for Premium Processing, which allows applicants to request that USCIS adjudicate certain petitions more expeditiously by paying an additional fee to obtain a response within 15 or 45 calendar days depending on the visa category.

The table below explains the increase in the Premium Processing fees:

Form Previous Fee New Fee
Form I-129, Petition for a Nonimmigrant Worker

$1,500 (H-2B or R-1 nonimmigrant status)

$2,500 (All other available Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2))

$1,685 (H-2B or R-1 nonimmigrant status)

$2,805 (All other available Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2))
Form I-140, Immigrant Petition for Alien Worker $2,500 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW)) $2,805 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW))
Form I-539, Application to Extend/Change Nonimmigrant Status $1,750 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2) $1,965 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2)
Form I-765, Application for Employment Authorization $1,500 (Certain F-1 students with categories C03A, C03B, C03C) $1,685 (Certain F-1 students with categories C03A, C03B, C03C)

 

In addition to the above, USCIS will increase the form filing fees for Form I-129 Petition for a Nonimmigrant Worker which affects a variety of temporary employment-based categories including H-1B, L-1, O-1, E-1, E-2, and TN, among others. USCIS will also increase the form filing fee for Form I-140 Immigrant Petition for Alien Workers, which is used for employment-based permanent residence petitions. These changes are due to take effect from April 1, 2024. The changes in fees are due to be significant, with most categories seeing increases in fees of at least $100 USD, and some seeing increases of over $1,000 USD.

USCIS will also be changing its fee structure for individuals applying for permanent residence from within the United States via the Adjustment of Status process. USCIS is introducing additional fees to file Form I-765 Application for Employment Authorization and Form I-131 Application for Travel Document when those forms are filed along with the Form I-485 Application to Register Permanent Residence or Adjust Status. Previously, the fee for these two documents was included within the Form I-485 filing fee, but from April 1, 2024 each form will have a separate, additional filing fee. This will lead to significant increases in government fees for some individuals applying for permanent residence from within the United States if they wish to continue employment in the US or travel outside of the United States during the pendency of their Adjustment of Status application.

For more information on the various fee increases please see the USCIS webpages regarding fee increases below:

 

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Senior Associate Lawyer, Catherine Betancourt at catherine@flynnhodkinson.com.