Skip to Main Content
Publications

USCIS Reminders: Increased Filing Fees, Additional Asylum Program Fee, and Extended Premium Processing Times

USCIS published a final rule (the Final Rule) on January 31, 2024, increasing certain filing fees that went into effect on April 1, 2024.

Now that these fees are in effect, we want to highlight important details regarding the Final Rule and provide a chart with certain increased filing fees.

  • NEW ONE-TIME ASYLUM PROGRAM FEE:
    • USCIS created a new fee to support the US asylum system and enhance efficiency. Employers must now pay a one-time Asylum Program fee of $600 for each Form I-129 and I-140 they file.
    • The same employers (under 25 employees) will be required to pay an Asylum Program fee but at a discount of $300.
    • Nonprofits will be exempt from paying the Asylum Program Fee.
       
  • INCREASED USCIS FILING FEES NOW IN EFFECT:
    • The fees listed below do not include the American Workforce Improvement Act of 1988 (ACWIA) fee of $1500/$750 required of certain H-1B employers and the $500 Fraud Prevention and Detection fee required for certain H and L filings. These fee amounts and requirements are unchanged and detailed here.

Form / Visa Type

Type of Filing

New Fee

I-129 H-1

Small employers and non-profits

US $460

All other employers

US $780

I-129 L

Small employers and non-profits

US $695

All other employers

US $1,385

I-129 O, Nonimmigrant Workers

Small employers and non-profits

US $530

All other employers

US $1,055

I-129, Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN

Small employers and non-profits

US $510

All other employers

US $1,015

I-140, Immigrant Petition

All employers

US $715

I-539, Application to Extend/ Change Nonimmigrant Status

Online

US $420

Paper

US $470

I-765, Application for Employment Authorization

Online

US $470

Paper

US $520

  • PREMIUM PROCESSING SERVICE (FORM I-907) TIMEFRAME EXTENSION AND FEE INCREASE:
    • Timeframe Extension: the premium processing timeframe for I-129 and certain I-140 filings has been extended from 15 calendar days to 15 business days.
    • Similarly, the timeframes for processing eligible I-765 and I-539 cases have been extended to 30 business days and 45 business days for eligible I-140 multinational manager and EB-2 National Interest Waiver cases.
    • Fee Increase: This fee has increased from $2,500 to $2,805 for I-129 and I-140 forms. Other premium fee increases are noted in the chart below:

Form

Previous Fee

New Fee

Form I-129, Petition for a Nonimmigrant Worker

$1,500 (H-2B or R-1 nonimmigrant status)

$1,685 (H-2B or R-1 nonimmigrant status)

$2,500 (All other available Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2))

$2,805 (All other available Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2))

Form I-140, Immigrant Petition for Alien Worker

$2,500 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW))

$2,805 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW))

Form I-539, Application to Extend/Change Nonimmigrant Status

$1,750 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2)

$1,965 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2)

Form I-765, Application for Employment Authorization

$1,500 (Certain F-1 students with categories C03A, C03B, C03C)

$1,685 (Certain F-1 students  with categories C03A, C03B, C03C)

More information as to the new fee schedule may be found here, with access to all current USCIS filing fees here.

If you have any questions regarding the updated fees or timeframes for submitting, please reach out to Melanie C. Walker or any member of Baker Donelson's Immigration Team.

Tony Garofalo, a paralegal at Baker Donelson, contributed to this article and is not admitted to the practice of law.

Email Disclaimer

NOTICE: The mailing of this email is not intended to create, and receipt of it does not constitute an attorney-client relationship. Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. If you send this email, you confirm that you have read and understand this notice.
Cancel Accept