DHS has issued new guidance that will impact the upcoming H-1B Cap registration period, H-1B non-Cap filings, and other visa petitions.

New USCIS filing fees will go into effect on April 1, 2024. Instead of the previous model in which fees were based on the form being filed, the new fee schedule designates fees based on the specific visa classifications, which is important to keep in mind as businesses consider sponsoring employees in different I-129 categories.

Notably, the following filing fees will be updated:

  • I-129 filing fee for H-1 Classifications will increase from $460 to $780 (excluding H-1 petitions filed by small employees and nonprofits, which will remain at $460)
  • I-129 filing fee for L Nonimmigrant Workers will increase from $460 to $1,385
    • Petitions for L classification filed by small employers and nonprofits will increase to $695
  • I-129 filing fee for O Nonimmigrant workers will increase from $460 to $1,055
    • Petitions for O classification filed by small employers and nonprofits will increase to $530
  • I-129 filing fee for E, H-3, P, Q, R, or TN Classifications will increase from $460 to $1,015
    • Petitions for the above visa classifications filed by small employers and nonprofits will increase to $510
  • I-130 filing fees will increase depending on whether the petition is filed electronically or submitted as a paper filing to $625 and $675, respectively.
  • I-131 filing fee for travel documents will increase from $575 to $630. The fee will remain $630 where biometrics are required.
  • I-140 filing fee will increase from $700 to $715
  • I-485 filing fees will increase from $1,140 to $1,440. The fee will remain $1,440 where biometrics are required.
  • I-539 filing fees will increase depending on whether the petition is filed electronically or submitted as a paper filing to $420 and $475, respectively.
  • I-751 filing fees will increase from $595 to $750. The fee will remain $750 where biometrics are required.
  • I-765 filing fees will increase depending on whether the petition is filed electronically or submitted as a paper filing to $420 and $475, respectively.

In addition to the above, the H-1B registration fee will be increased from $10 to $215. However, it is important to note that this increased fee will not be in effect until after the FY25 registration period, as these fee increases do not go into effect until April 1, 2024.

This final rule defines small employers as those having 25 or fewer full-time employees.

Additionally, DHS anticipates releasing the final rule implementing certain updates proposed in their initial "Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers" Notice of Proposed Rulemaking. Specifically, DHS will be finalizing the following provisions:

  • Implementation of a "beneficiary centric selection process," in which USCIS will consider the number of entries submitted into the lottery based on the unique beneficiary instead of the number of registrations submitted. This will ensure each beneficiary has the same chance of being selected in the lottery regardless of how many registrations are submitted on their behalf.
  • Requiring registrations to include the valid passport or travel document information for the beneficiary and prohibiting the beneficiary from being filed under more than one passport or travel document.
  • Start date flexibility for certain H-1B Cap-subject petitions to allow for a requested start date after October 1.
  • Codifying USCIS's ability to deny and/or revoke approved H-1B petitions where the petition, registration, or LCA includes inaccurate, fraudulent, or misrepresented material facts.

We anticipate that this final rule will be published on February 2, 2024, and will go into effect on March 3, 2024.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.