USCIS Final Rule Increasing Filing Fees Expected Soon

USCIS previously deferred its proposed filing fee increase until early 2024 – and the increase might be coming out very soon! This increase will come on top of the increased premium processing fees that will go into effect on Feb. 26, 2024. The premium processing fee increase is approximately 12%. Some of the proposed general filing fee increases went well beyond that.

The agency’s budget is fee-based and the increased fees were proposed to recover operating costs and decrease backlogs. The burden of the new increased filing fees would fall primarily on employers – both large and small. The H-1B visa would be raised by 70%, from $460 to $780. The registration fee for Cap H-1Bs would increase from $10 to $215. There would also be a surcharge of $600 added to all I-129 Nonimmigrant Worker Petitions and all I-140 Immigrant Petitions for Alien Workers specifically to cover costs associated with humanitarian applications. The entire proposed fee schedule can be found in the Federal Register in tables in Section II C.

USCIS received a great deal of negative commentary from employers and the delay in publishing the final rule could indicate that USCIS has seriously considered making some changes.

Jackson Lewis attorneys are following this matter closely and will provide updates as soon as they become available.

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