Featured Issue: USCIS Final Rule Adjusting Its Fee Schedule
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.
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
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.
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.
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.
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.
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.
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.
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.
USCIS invites stakeholders to a 2/22/24 webinar during which it will provide a high-level overview of the significant changes to fees and forms that will go into effect on April 1, 2024, and how it will affect stakeholders.
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.
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)
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 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 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 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 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)