USCIS Filing Fee Increases

On January 31, 2024, the U.S. Citizenship and Immigration Services announced a final rule adjusting their fee schedule for immigration benefit requests.

Because USCIS is primarily funded by fees charged to applicants and petitioners for immigration and naturalization benefits, periodic adjustments to the fee schedule are necessary to the agency’s functioning. USCIS has stated that they plan to use the additional revenue from the increased fees to continue addressing application backlogs and improving processing times.

Below are some significant highlights of the final rule:

• Employers filing either a Form I-129, Petition for Nonimmigrant Worker, Form I-129CW, Petition or a CNMI-Only Nonimmigrant Transitional Worker, or Form I-140, Immigrant Petition for Alien Worker, will now be responsible for paying an Asylum Program Fee of $600. Nonprofit petitioners will be exempt from this fee, while small employers will only be responsible for paying $300.
• The final rule defines “small employers” as those with 25 or fewer full-time equivalent employees. Employers who fall within this definition will receive discounts on some fees and be exempt from others.
• Forms filed online, rather than by physical filing, will receive a $50 discount. This discount is not applied in the event the form fee is already provided at a substantial discount or in the event USCIS is prohibited by law from charging a full cost recovery level fee.
• USCIS will begin charging separate filing fees for both Form I-131, Application for Travel Document, and Form I-765, Application for Employment Authorization, when filed concurrently with Form I-485. The decision to unbundle these forms came with the intent to make USCIS processing times more efficient by eliminating Forms I-765 and Forms I-131 for individuals who are not in need of their benefits. 

As detailed in the final rule, USCIS filing fee increases will be as follows:

Form I-129, Petition for Nonimmigrant Worker*

*Please note that any employer filing a Form I-129, Petition for a Nonimmigrant Worker, will also be charged a new Asylum Program Fee of $600. 

I-539, Application to Extend/Change Nonimmigrant Status

I-140, Immigrant Petition for Alien Workers*

*Please note that any employer filing a Form I-140, Immigrant Petition for Alien Worker, will also be charged a new Asylum Program Fee of $600. 

I-485, Application to Register Permanent Residence or Adjust Status

I-131, Application for Travel Document

I-765, Application for Employment Authorization

In addition to the fee increases listed above, the H-1B Registration Process Fee will increase for FY2026 from $10 to $215, while the Biometric Services fee will decrease from $85 to $30. Additionally, as previously announced, fees associated with requests for premium processing have increased depending on the immigration benefit for which they are filed.

For a full listing of updated fees across employment-based and family-based cases, please see USCIS’ website here. USCIS also provides a fee calculator, which may assist in the determination of estimated fee costs. For any questions regarding how you will be impacted by USCIS’ fee increases, please contact your Parker Gallini attorney.