iOn Jan. 30, 2024, the Department of Homeland Security (DHS) announced two major regulatory changes: one will significantly increase the filing fees and create a separate filing fee for H-1B, L-1 and other nonimmigrant visa categories; and the second will amend the H-1B registration selection process. The latest changes and key points are as follows:
H-1B Registration Selection Process
DHS implemented a beneficiary centric selection process for H-1B registrations. Instead of selecting by registration, U.S. Citizenship and Immigration Services (USCIS) will select registrations by a unique beneficiary. That is, each unique beneficiary who has a registration submitted on their behalf will be entered into the selection process once, regardless of how many registrations are submitted on their behalf. DHS anticipates that the new beneficiary centric selection process for H-1B registrations will reduce the potential for gaming the process to increase chances for selection and help ensure that each beneficiary has the same chance of being selected. The final rule will be published Feb. 2, 2024, and is expected to take effect 30 days after publication, which falls on March 4, 2024. This means that the new beneficiary centric selection process is expected to be in effect for this year’s H-1B registration, which opens March 6, 2024. At this time, DHS has not finalized other provisions of the rule. See the full text of the proposed rulemaking, “Modernizing H-1B Requirements.”
USCIS Filing Fee Increase
Effective April 1, 2024, new filing fees will take effect for the petitions and applications filed on or after April 1, 2024. A full list of fee increases can be found below, but of note, the filing fee for an H-1B petition will increase from $460 to $780, the filing fee for an L-1 petition will increase from $460 to $1,385, the filing fee for an O-1 petition will increase from $460 to $1,055, and the filing fee for E and TN petitions will increase from $460 to $1,015. In addition, Form I-129 and Form I-140 will be subject to a new Asylum Program Fee of $600. Nonprofit organizations will be exempt from the new fee, and small employers (25 or fewer employees) will be subject to a reduced fee of $300. The rule also lengthens the premium processing timeframe from 15 calendar days to 15 business days. The final rule was published Jan. 31, 2024. Click here to view the full text.
We note that USCIS may potentially face legal challenges for the significant fee increase, as it has not performed the required economic study on burden time in all categories in which it increased the fees, like it performed for the EB-5 category.
The chart below outlines the new USCIS filing fee schedule for some categories:
| Type of Filing (*Small Employers defined as companies with 25 or fewer full-time employees) | Current Fee | New Filing Fee | Difference in Dollar Amount | Percent Increase |
| I-129 H-1B | $460.00 | $780.00 | $320.00 | 70% |
| I-129 H-1B (small employers and nonprofits) | $460.00 | $460.00 | $0.00 | 0% |
| I-129 Petition for L-1 Nonimmigrant Workers | $460.00 | $1,385.00 | $925.00 | 201% |
| I-129 Petition for L-1 Nonimmigrant workers (small employers and nonprofits) | $460.00 | $695.00 | $235.00 | 51% |
| I-129 Petition for O Nonimmigrant workers | $460.00 | $1,055.00 | $595.00 | 129% |
| I-129 Petition for O Nonimmigrant workers (small employers and nonprofits) | $460.00 | $530.00 | $70.00 | 15% |
| I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications | $460.00 | $1,015.00 | $555.00 | 121% |
| I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications (with biometric services) | $545.00 | $1,015.00 | $470.00 | 85% |
| I-131 Application for Travel Document | $575.00 | $630.00 | $55.00 | 10% |
| I-131 Application for Travel Document (with biometric services) | $660.00 | $630.00 | $-30.00 | -5% |
| I-140 Immigrant Petition for Alien Workers | $700.00 | $715.00 | $15.00 | 2% |
| I-290B Notice of Appeal or Motion | $675.00 | $800.00 | $125.00 | 19% |
| I-485 Application to Register Permanent Residence or Adjust Status | $1,140 | $1,440.00 | $215.00 | 26% |
| I-485 Application to Register Permanent Residence or Adjust Status (with biometric services) | $1,225.00 | $1,440.00 | $215.00 | 18% |
| I-485 Application to Register Permanent Residence or Adjust Status (under the age of 14 in certain conditions) | $750.00 | $950.00 | $200.00 | 27% |
| I-539 Application to Extend/Change Nonimmigrant Status (paper filing) | $370.00 | $470.00 | $100.00 | 27% |
| I-539 Application to Extend/Change Nonimmigrant Status (paper filing) (with biometric Services) | $455.00 | $470.00 | $15.00 | 3% |
| I-765 Application for Employment Authorization (Paper Filing) | $410.00 | $520.00 | $110.00 | 27% |
| I-765 Application for Employment Authorization (paper filing) (with biometric services) | $495.00 | $520.00 | $25.00 | 5% |
| I-824 Application for Action on an Approved Application or Petition | $465.00 | $590.00 | $125.00 | 27% |
| H-1B Registration Process Fee (*new fee effective of March 2025, not this year) | $10.00 | $215.00 | $205.00 | 2,050% |
| I-526/526E Immigrant Petition by Standalone/Regional Center | $3,675.00 | $11,160.00 | $7,845.00 | 204% |
| I-824 Application for Action on an Approved Application or Petition | $465.00 | $590.00 | $125.00 | 27% |
| I-829 Petition by Investor to Remove Conditions | $3,750.00 | $9,525.00 | $5,775.00 | 154% |
| I-829 Petition by Investor to Remove Conditions (with biometric services) | $3,835.00 | $9,525.00 | $5,690 | 148% |
| I-956 Application for Regional Center Designation | $17,795.00 | $47,695.00 | $29,900 | 168% |
| I-956F Application for Approval of an Investment in a Commercial Enterprise | $17,795.00 | $47,695.00 | $29,900 | 168% |
