The US Citizenship and Immigration Services (USCIS) has published its final rule increasing the fee for certain immigration applications, marking the first adjustment since 2016. The revision is expected to go into effect on April 1, 2024. This regulation will help USCIS recoup a larger portion of its operational expenses and allow more timely processing of new applications.

Direct link to USCIS final rule to adjust certain Immigration and Naturalization fees.

The H-1B and H-1B1 processing fees will increase from $460 to $780 for employers with more than 25 full-time employees in an equivalent position in the United States. The $460 filing fee will remain the same for employers with 25 or fewer full-time employees in the country. USCIS is increasing the H-2B named beneficiaries petition filing fee from $460 to $1,080 for employers with more than 25 full-time employees, reports moneycontrol.

“For the first time in over seven years, USCIS is updating our fees to better meet the needs of our agency, enabling us to provide more timely decisions to those we serve,” said USCIS Director Ur M. Jaddou. “Despite years of inadequate funding, the USCIS workforce has made great strides in customer service, backlog reduction, implementing new processes and programs, and upholding fairness, integrity, and respect for all we serve.”

Following the release of its January 2023 notice of proposed rulemaking, USCIS received over 5,400 unique public comments. The agency thoroughly evaluated the stakeholders' feedback and incorporated numerous notable updates from the initial rulemaking.

Below are the revised rules:

  • Lowers the agency’s required annual cost recovery by $727 million, in part by considering the budget effects of improved efficiency measures
  • Expands fee exemptions for Special Immigrant Juveniles and victims of human trafficking, crime, and domestic violence; U.S. military service members and our Afghan allies; and families pursuing international adoption
  • Provides special fee discounts for nonprofit organizations and small business employers
  • Allows for half-price Employment Authorization Document applications for applicants for adjustment of status and a reduced fee for adjustment of status applicants under the age of 14 in certain situations
  • Expands eligibility for a 50% fee reduction for naturalization applications, available to individuals who can demonstrate household income between 150% and 400% of the Federal Poverty Guidelines
  • Implements a standard $50 discount for online filers

According to the final rule, the new fees will not increase by more than 26%, aligning with the rise in the Consumer Price Index (America’s key inflation gauge) since the issuance of the last fee rule in 2016.