2024 U.S. Immigration Updates – Increased Filing Fees & H-1B Lottery Changes

Written by Aires Immigration | March 5, 2024

U.S. Citizenship and Immigration Services (USCIS) will begin to apply higher filing fees for select petitions filed on or after April 1, 2024. This includes any H-1B lottery registrants who are selected and eligible to file an H-1B petition once the filing window opens April 1.

Fee Increase Details:

H-1B I-129: $780 (up from $460)
L-1 I-129: $1,385 (up from $460)
I-140 Immigrant Petition: $715 (up from $700)
I-765 Employment Authorization Document: $470 for online, $520 for paper
- Organizations with more than 25 full-time equivalent (FTE) employees will pay an Asylum Program Fee of $600 for each I-129 and I-140 form.
- Organizations with 25 or fewer FTEs will pay a fee of $300.
- Nonprofit organizations as defined by Internal Revenue Code Section 501(c)(3) will not be subject to the fee.
- This fee applies to employers who file Form I-129, Form I-129CW, or Form I-140. The fee applies each time an employer uses these forms for an initial petition, change of status, or extension of stay.

Premium Processing Update

USCIS will extend the premium processing adjudication period from calendar days to business days, a change that will effectively prolong premium processing adjudications by one week or more, depending on the case type. In a separate regulation that takes effect on February 26, 2024, premium processing fees will increase by just over 12%, with the premium fee for Form I-140 petitions and most I-129 going up to $2,805.

H-1B Lottery Updates for Fiscal Year 2025

USCIS has confirmed that the registration period for Fiscal Year 2025 H-1B Cap opens at noon (ET) on March 6 and closes at noon (ET) March 22.

A “beneficiary-centric” selection process will be in effect for the upcoming H-1B cap season.

Under the beneficiary centric process, USCIS will select registrations by each unique beneficiary. This is intended to afford everyone the same chance for selection, whether they are the beneficiary of one registration or multiple. USCIS will select each beneficiary once, even if they have multiple registrations filed on their behalf.

Upon completion of the selection process, USCIS will separately notify each employer that their registration on behalf of a beneficiary has been selected, and that each petitioner may file a petition for that beneficiary. It does not appear that USCIS plans to inform employers if their selected beneficiary has other employers eligible to file H-1B petitions on their behalf.

In terms of fees, H-1B registrations will remain $10 this year. However, beginning in 2025, the H-1B Registration fee will increase to $215. This increased fee will therefore apply to registrations in the FY 2026 H-1B Cap.

Employers will be subject to the following new fees for common employment-based and related application types:

USCIS Form	Current Fee	New Fee Effective April 1, 2024	Percent Change
EMPLOYMENT-BASED PETITION FEES
Standard Asylum Program Fee (applicable to I-129 and I-140 petitions)	N/A	$600	N/A
Asylum Program Fee – Small Employers (applicable to I-129 and I-140 petitions filed by sponsoring employers having 25 or fewer full-time equivalent employees)	N/A	$300	N/A
Asylum Program Fee – Nonprofits (applicable to I-129 and I-140 petitions filed by IRC § 501(c)(3) nonprofit petitioners)	N/A	$0	N/A
NON-IMMIGRANT
H-1B Registration Fee	$10	$215	2050%
Form I-129 H-1B and H-1B1 Classifications	$460	$780	70%
Form I-129 H-1B and H-1B1 Classifications - Small Employers (defined above) and Nonprofits	$460	$460	0%
Form I-129 H-2B – Named Beneficiaries	$460	$1,080	135%
Form I-129 H-2B – Named Beneficiaries – Small Employers (defined above) and Nonprofits	$460	$540	17%
Form I-129 H-2B – Unnamed Beneficiaries	$460	$580	26%
Form I-129 H-2B – Unnamed Beneficiaries – Small Employers (defined above) and Nonprofits	$460	$460	0%
Form I-129 L Classification	$460	$1,385	201%
Form I-129 L Classification – Small Employers (defined above) and Nonprofits	$460	$695	51%
Form I-129 O Classification	$460	$1,055	129%
Form I-129 O Classification – Small Employers (defined above) and Nonprofits	$460	$530	15%
Form I-129 E-1, E-2, E-3, TN, H-3, P, Q, R Classifications	$460	$1,015	121%
Form I-129 E-1, E-2, E-3, TN, H-3, P, Q, R Classifications – Small Employers (defined above) and Nonprofits	$460	$510	11%
Form I-539, Application to Extend/Change Nonimmigrant Status – Online	$370	$420	14%*
Form I-539, Application to Extend/Change Nonimmigrant Status – Paper	$370	$470	27%*
IMMIGRANT
Form I-140 Immigrant Visa Petition	$700	$715	2%
Form I-526, Immigrant Petition by Standalone Investor	$3,675	$11,160	204%
Form I-526E, Immigrant Petition by Regional Center Investor	$3,675	$11,160	204%
Form I-485, Application to Register Permanent Residence or Adjust Status**	$1,140	$1,440	26%
Form I-485, Application to Register Permanent Residence or Adjust Status (applicants under 14 applying concurrently with parent)	$750	$950	27%
Form I-765, Application for Employment Authorization – Online	$410	$470***	15%*
Form I-765, Application for Employment Authorization - Paper	$410	$520***	27%*
Form I-131, Application for Travel Document	$575	$630	10%
Biometrics Fee ****Biometrics fee is now included in base fee for all cases except TPS and EOIR applicants, who are subject to a reduced biometrics fee of $30	$85	N/A****	0%
Form I-90, Application to Replace Permanent Resident Card – Online	$455	$415	-9%
Form I-90, Application to Replace Permanent Resident Card – Paper	$455	$465	2%
CITIZENSHIP
Form N-400, Application for Naturalization – Online	$640	$710	11%
Form N-400, Application for Naturalization – Paper	$640	$760	19%

*The percentage reflects the change from the current base filing fee, exclusive of separate biometrics fee, which will now be included in the new base filing fee.

**For adult applicants, exclusive of separate biometric fee, which will now be included in the new base filing fee.

***Adjustment of status applicants will pay half the standard I-765 fee if they paid the full fee for a concurrently filed or pending adjustment application.

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