By Staurt Anderson | Forbes | Jan. 31, 2024 | Photo Courtesy of Getty Images
In a final rule, U.S. Citizenship and Immigration Services will raise the fees employers pay to submit petitions for workers and sponsor employees for permanent residence. USCIS argues that the fee increases are needed because agency costs have risen significantly since the last fee increase in December 2016. Congress does not provide annual appropriations for benefits processing, although it sometimes passes supplemental funding for USCIS. The new fees will take effect on April 1, 2024. The final rule retains two controversial fees that may lead to litigation. (USCIS also released a final rule that changes the H-1B registration selection process.)
Employer Fee Increases
Employers saw few changes from the proposed fee rule (January 2023) and the final rule. As proposed, employers hiring high-skilled foreign nationals will pay 70% more for beneficiaries on H-1B petitions, 201% more for employees on L-1 petitions and 129% more for individuals on O-1 petitions. (H-1B petitions increase from $460 to $780, L-1 petitions rise from $460 to $1,385 and O-1 petitions increase from $460 to $1,055.) The USCIS website contains a complete list of the new fees.
An I-485 Application to Register Permanent Residence or Adjust Status (with biometric services) would increase from $1,225 to $1,440, a $100 less than in the proposed fee rule.
Fees for named beneficiaries for H-2A petitions (for agricultural workers) will rise by 137% (from $460 to $1,090) and for H-2B petitions (for seasonal, nonagricultural workers) by 135% (from $460 to $1,080). USCIS did not change these fees from the proposed rule.
An immigrant petition by a regional center investor will increase by 204% (from $3,675 to $11,160), and a petition by an investor to remove conditions on permanent residence status will rise from $3,750 to $9,525.
Two Controversial Fees Remain: H-1B Registration And Funding The Asylum Program
USCIS retained from its proposed rule a new Asylum Program Fee of $600 paid by employers when filing a Form I-129, Petition for a Nonimmigrant Worker, or Form I-140, Immigrant Petition for Alien Worker.
Dan Berger of Curran, Berger & Kludt noted that employers might pay this $600 fee multiple times for a single individual. An employer may file for a student or new worker an initial H-1B petition, an extension of H-1B status and an immigrant petition (I-140) for an employment-based green card.
