Featured Issue: USCIS Final Rule Adjusting Its Fee Schedule
USCIS will use the postmark date of a filing to determine if the correct form version and fees were submitted but will use the received date for to determine whether any regulatory or statutory filing deadlines have been met.
As previously reported by AILA, the USCIS Final Fee Schedule Rule was published on January 31, 2024, and will take effect on April 1, 2024. The new fee schedule impacts a wide array of family, humanitarian, and employment-based immigration benefits.
Note: The new fees will be in effect for the start date for filing FY2025 H-1B lottery petitions.
However, given the publication timeline for the fee increase final rule and the timing of the H-1B registration period, which will begin on March 6, 2024, USCIS has confirmed publicly that implementation of the H-1B lottery registration fee increase will not take place in time for this registration period and will remain at $10 for the FY2025 lottery.
AILA encourages members to submit benefit requests to USCIS as soon as possible and reset expectations with clients whose applications or petitions cannot be filed before the fee increase takes effect.
USCIS Provides Fee Rule Frequently Asked Questions
These Frequently Asked Questions provide important and helpful information about the new fee schedule including, a summary, a chart outlining the new fees compared to the current fees, and information about the impact on USCIS forms and deadlines.
New Forms Will Take Effect Under the Final Fee Rule
As part of the USCIS Final Fee Rule, USCIS will update its forms. The new forms will take effect on April 1, 2024. USCIS will provide a grace period to accept prior editions for most forms through June 3, 2024, as long as the correct fee is submitted.
Please note, however, there will not be a grace period for the following forms because these forms had to be revised with a new fee calculation:
- Form I-129, Petition for a Nonimmigrant Worker;
- Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker;
- Form I-140, Immigrant Petition for Alien Workers;
- Form I-600A, Application for Advance Processing of an Orphan Petition (and Form I-600A/I-600 Supplements 1, 2, and 3); and
- Form I-600, Petition to Classify Orphan as an Immediate Relative
AILA reminds members that the NEW version for Form I-129 must be submitted for FY2025 H-1B cap cases.
USCIS will use the postmark date of a filing to determine if the correct form version and fees were submitted but will use the received date for to determine whether any regulatory or statutory filing deadlines have been met.
USCIS noted that it will post a preview of the Form Changes on its website 30 days prior to their effective date. However, redlined versions of the updated forms are currently available at Regulations.gov.
Browse the Featured Issue: USCIS Final Rule Adjusting Its Fee Schedule collection
USCIS Issues Policy Guidance on Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule
USCIS revised its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on January 31, 2024, and effective April 1, 2024.
Practice Alert: USCIS Fee Rule TRO Denied; New Fees and Forms Will Take Effect on April 1
A district court denied the plaintiffs’ request for a TRO seeking to prevent implementation of the USCIS fee rule on April 1, 2024. As a result, the revised USCIS fee schedule will take effect on April 1, along with any new forms as indicated by USCIS.
USCIS Announces Filing Location Change for Certain Employment-Based I-485 and Related Forms
USCIS announced that on April 1, it is changing the filing location for concurrently filed Forms I-907, I-140, and I-485 (and related Forms I-131, I-765, and I-824, filed with the application package) from USCIS service centers to a USCIS lockbox. Always check USCIS website for filing location.
Client Flyer: What You Need to Know About Recent Changes to USCIS Filing Fees
AILA provides a flyer for you to share with clients to help them understand the upcoming changes to USCIS filing fees, which will become effective on April 1, 2024. There are two versions available in English and Spanish: a generic PDF version and a customizable Word version.
USCIS Issues Reminder that Certain Updated Forms Take Effect on April 1
USCIS issued a reminder that with the new fee rule that goes into effect April 1, 2024, filers must use the new 04/01/24 editions on or after April 1 for certain forms and that USCIS will only accept the 04/01/24 edition of these forms if they are postmarked on or after April 1, 2024.
USCIS Provides Presentation from its Webinar on the 2024 Final Fee Rule
USCIS provided its PowerPoint presentation from its 2/22/24 webinar on the 2024 final fee rule.
CIS Ombudsman and USCIS Invitation to a Joint Webinar on New Fee Rule
The CIS Ombudsman’s Office and USCIS invite stakeholders to a joint webinar on 2/29/24 to discuss the final rule that updates certain immigration and naturalization fees and goes into effect on 4/1/24.
Practice Pointer: New Fee for Forms I-129, I-129CW, and Form I-140 and Revised Fee Structure for Forms I-129 and I-485
The new USCIS fee schedule implements new fees and a revised fee structure for certain forms beginning April 1, 2024. AILA highlights the new fee that will be assessed on all Forms I-129, I-129CW, and I-140 and explains the new fee structures for Form I-129 and Form I-485.
Top Things You Need to Know about the New USCIS Final Fee Schedule Rule
Join us on Friday, February 23 for a free member-exclusive roundtable to learn about the USCIS Final Rule fee schedule including a discussion of key takeaways and guidance for dealing with ethical issues. Register today.
Practice Pointer: Top 10 Things You Need to Know about the USCIS Fee Rule
AILA provides this practice resource to alert members to the most important aspects of the new fee rule so that you may better understand the impact of the new fee schedule on your clients’ cases.
AILA Provides New Fee Schedule Comparison Chart
AILA updated its practice alert to include the USCIS comparison chart that includes the current fee and the final rule as well as the percentage of the fee change where appropriate.
Practice Alert: Increased USCIS Filing Fees For the H-2 Visa Programs to Take Effect on April 1, 2024
The DOL Liaison Committee’s H-2 subcommittee provides an alert on increased filing fees under the new USCIS fee rule affecting H-2A and H-2B programs. The new fee schedule will take effect on April 1, 2024.
Practice Alert: There Will Be No Grace Period for Certain New Forms After April 1
USCIS published its final fee schedule rule on January 31, 2024, and the rule will take effect on April 1, 2024. Please note that there will be no grace period for the following new forms, however, because they must be revised with a new fee calculation.
Five Tips for Breaking Bad News to Clients
USCIS announced fee increases this week. Many immigration lawyers are preparing for tough conversations with clients, so we thought it was a good time for tips on breaking bad news.
Final Rule Adjusting the USCIS Fee Schedule
Final rule adjusting the USCIS fee schedule. The final rule will be effective 4/1/24. Any benefit request postmarked on or after 4/1/24 must be accompanied with the fees established by this final rule. (89 FR 6194, 1/31/24)
Key Takeaways from USCIS Engagement on New Fee Schedule
On January 30, 2024, USCIS held a small engagement announcing the final rule updating its fee schedule. AILA shares key takeaways from that meeting as well as slides presented during that meeting.
USCIS Provides Summary of Its Final Rule to Adjust Certain Immigration and Naturalization Fees
USCIS provided a summary of its final rule, including information on the new fee schedule, the asylum program fee for employment-based petitions, naturalization fee changes, international adoption validity period changes, and more.
AILA Responds to New Biden Administration Rules on Fees and H-1B Registration Process
AILA responded to the advance copies shared publicly by the Biden Administration regarding U.S. Citizenship and Immigration Services (USCIS) fees and a revised H-1B visa registration process with insights from President Farshad Owji and Dir of Gov’t Relations Shev Dalal-Dheini.
Practice Alert: Increased USCIS Filing Fees and Modified H-1B Registration Process Anticipated to Take Effect by April 1, 2024
AILA advises members that the proposed USCIS fee increase rule and “beneficiary-centric” rule, related to the H-1B Modernization Rule, are expected to be published by January 31. AILA encourages members to file USCIS benefits requests as soon as possible, for any eligible client.
USCIS Extends Comment Period on Proposed Rule Adjusting Fee Schedule
USCIS notice extending the comment period on the proposed rule adjusting the USCIS fee schedule by five business days, to 3/13/23. (88 FR 11825, 2/24/23)
USCIS Issues Corrections to Proposed Rule Adjusting Fee Schedule
USCIS issued a document making two corrections to its proposed rule adjusting the USCIS fee schedule; the original document contained two incorrect proposed fees, including the proposed fee for Form I-765—Online (with biometric services). (88 FR 1172, 1/9/23)
USCIS Proposed Rule Adjusting Fee Schedule
USCIS proposed rule which would adjust USCIS fees, add new fees for benefit requests, establish distinct fees for petitions for nonimmigrant workers, and limit the number of beneficiaries on certain forms. The comment period has been extended to 3/13/23. (88 FR 402, 1/4/23)