USCIS is updating its fee schedule, which will impact U.S. employers sponsoring foreign national workers.
Premium Processing Fee Increases
Beginning February 26, 2024, USCIS’s new premium processing fees will go into effect. This includes the following fees:
| Immigration Benefit | Current Premium Processing Fee | New Premium Processing Fee |
| I-129 (H-2B or R-1 status) | $1,500 | $1,685 |
| I-129 (all other classifications) | $2,500 | $2,805 |
| I-140 | $2,500 | $2,805 |
| I-539 | $1,750 | $1,965 |
| I-765 | $1,500 | $1,685 |
New I-129 and I-140 Petition Fees
Beginning on April 1, 2024, the new USCIS fee schedule will go into effect. This new fee schedule increases fees across the board for employment-based cases. It also adds new fees for most I-129 and I-140 petitions. Here is a sample of the common employment-based fees:
| Immigration Benefit Request | Current Fee(s) | New Fees (for small employers with 25 or less employees and nonprofits) | New fees (for-profit employers with 26 or more full-time equivalent employees) |
| H-1B Registration | $10 | $215 | $215 |
| I-129 (L-1, including blanket petitions) | $460 | $695 | $1,385 |
| I-129 (H-1B) | $460 | $460 | $780 |
| I-129 (O-1) | $460 | $530 | $1,055 |
| I-129 (E, H-3, P, Q, R, or TN) | $460 | $510 | $1,015 |
| I-140 | $700 | $715 | $715 |
In addition to the above fees, USCIS is adding a $600 Asylum Program Fee to all I-129 and I-140 petitions. This fee is reduced to $300 for employers with 25 or less full-time equivalent employees. Nonprofit employers are exempt from this fee altogether.
New Adjustment of Status Fees
USCIS also changed the fee structure for I-485 adjustment of status applications. Currently, the I-485 application fee of $1,225 covers the costs for concurrently filed Forms I-765 and I-131. After April 1, 2024 if an adjustment applicant files those applications, they must pay additional fees, as indicated below:
| Immigration Benefit Request | Current Fee | New Fee |
| I-485 (14 years of age or older) | $1,225 | $1,440 |
| I-485 (under 14 years of age and filed with a parent) | $750 | $950 |
| I-765 (based on I-485) | $0 | $260 |
| I-131 (based on I-485) | $0 | $630 |
In addition to the fee increases, USCIS will be changing its timeframes for premium processing requests beginning on April 1, 2024. This will be important to consider when planning for new employees. In most instances, an additional week (5 business days) will be added.
| Benefit Request | Premium Processing Timeframe |
| I-129 | 15 business days |
| I-140 (EB-1 multinational managers and EB-2 National Interest Waivers) | 45 business days |
| I-140 (all other categories) | 15 business days |
Given these increases and premium processing timeframe updates, we encourage our clients to file requests prior to the date the new fees go into effect. To that end, we will allocate resources to the extent possible to accomplish this. Please contact us if you have any questions about the new fee schedule.