On January 31, 2024, the Department of Homeland Security announced via a Final Rule that certain immigration and naturalization benefit request fees will be increased by USCIS. This rule also provides additional fee exemptions for certain humanitarian categories, and makes changes to certain other immigration benefit request requirements. USCIS determined that current fees do not recover the full cost of providing adjudication and naturalization services, and is therefore adjusting the fee schedule to fully recover costs and maintain adequate service.
This final rule also responds to public comments received on the USCIS proposed fee schedule published on January 4, 2023. See below for a table of the updated fees.
This final rule is effective April 1, 2024. Any benefit request postmarked on or after this date must be accompanied with the new fees established by this final rule.
In a move to reward electronic filings, the final rule provides a $50 discount for forms filed online with USCIS.
DHS will now add an Asylum Program Fee as "an effective way to shift some costs to requests that are generally submitted by petitioners who have more ability to pay, as opposed to shifting those costs to all other fee payers." DHS initially proposed a new Asylum Program Fee of $600 to be paid by employers who file either a Form I–129, Petition for a Nonimmigrant Worker, or Form I–140, Immigrant Petition for Alien Worker. However, Businesses with 25 or fewer full-time equivalent employees will pay a $300 Asylum Program Fee instead of $600, and half of the full fee for Form I–129. The final rule defines “small employer” as having 25 or fewer full-time equivalent (FTE). See8 CFR 106.1(f).
Nonprofits will pay $0 towards the asylum fee. Nonprofit organizations may include religious, educational, or charitable organizations and may not be required to pay federal taxes. DHS determined that the most appropriate definition for nonprofit is the definition in the Internal Revenue Code (IRC), specifically 26 U.S.C. 501(c)(3) (2023).
Core elements of the final rule include the following:
For individual filers, the final rule generally limits newly established fees to no more than the increase in the Consumer Price Index since 2016, which is 26%. Many such fees will increase by well under 26%.
The final fee rule holds fee increases to a low level for naturalization and adoption applications and petitions.
The final fee rule mitigates higher fees for employer filers with special discounts for nonprofits and small employers.
The final fee rule codifies existing fee waiver eligibility for low-income and vulnerable populations and expands fee exemptions for certain humanitarian and other beneficiaries and the reduced fee option for certain individuals apply for naturalization.
For forms where USCIS offers online filing, there will generally be a $50 discount for those who choose this online option over paper filing.
Increased Premium Processing Fees
On February 26, 2024, USCIS increased premium processing fees to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers (CPI–U). 88 FR 89539 (Dec. 28, 2023). The adjustment increases premium processing fees as follows:
From $1,500 to $1,685 (for Form I-129 requesting H-2B or R nonimmigrant classification and Form I-765 with eligibility category (C)(3)(A), (C)(3)(B), or (C)(3)(C));
From $1,750 to $1,965 (for premium processing of Form I-539 seeking change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status), and
From $2,500 to $2,805 (for Form I-129 requesting E-1, E-2, E-3, H-1B, H-3, L (including blanket L-1), O, P, Q, or TN nonimmigrant classification); and Form I-140 requesting EB-1, EB-2, or EB-3 immigrant visa classification.
These fees are in addition to all other filing fees required by the application or petition you are submitting. You cannot request waiver of a fee for a form for which you are requesting premium processing.
TABLE OF UPDATED FEES
For each relevant form, the following table (adapted from Table 1 of the final fee rule) compares the previously enacted fee, the fee from the January 2023 Notice of Proposed Rulemaking (NPRM), and the final rule fee that goes into effect on April 1, 2024.
TYPE OF FILING | CURRENT FEE(S) | FINAL FEE(S) | CURRENT VS. FINAL FEES | |
I-90 Application to Replace Permanent Resident Card (online filing) | $455 | $415 | -$40 | -9% |
I-90 Application to Replace Permanent Resident Card (online filing) (with biometric services) | $540 | $415 | -$125 | -23% |
I-90 Application to Replace Permanent Resident Card (paper filing) | $455 | $465 | $10 | 2% |
I-90 Application to Replace Permanent Resident Card (paper filing) (with biometric services) | $540 | $465 | -$75 | -14% |
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document | $445 | $560 | $115 | 26% |
I-129 H-1B | $460 | $780 | $320 | 70% |
I-129 H-1B (small employers and nonprofits) | $460 | $460 | $0 | 0% |
I-129 H-2A - Named Beneficiaries | $460 | $1,090 | $630 | 137% |
I-129 H-2A - Named Beneficiaries (small employers and nonprofits) | $460 | $545 | $85 | 18% |
I-129 H-2A - Unnamed Beneficiaries | $460 | $530 | $70 | 15% |
I-129 H-2A - Unnamed Beneficiaries (small employers and nonprofits) | $460 | $460 | $0 | 0% |
I-129 H-2B - Named Beneficiaries | $460 | $1,080 | $620 | 135% |
I-129 H-2B - Named Beneficiaries (small employers and nonprofits) | $460 | $540 | $80 | 17% |
I-129 H-2B - Unnamed Beneficiaries | $460 | $580 | $120 | 26% |
I-129 H-2B - Unnamed Beneficiaries (small employers and nonprofits) | $460 | $460 | $0 | 0% |
I-129 Petition for L Nonimmigrant workers | $460 | $1,385 | $925 | 201% |
I-129 Petition for L Nonimmigrant workers (small employers and nonprofits) | $460 | $695 | $235 | 51% |
I-129 Petition for O Nonimmigrant workers | $460 | $1,055 | $595 | 129% |
I-129 Petition for O Nonimmigrant workers (small employers and nonprofits) | $460 | $530 | $70 | 15% |
I-129CW CNMI-Only Nonimmigrant Transitional Worker and I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications | $460 | $1,015 | $555 | 121% |
I-129CW CNMI-Only Nonimmigrant Transitional Worker and I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications (with biometric services) | $545 | $1,015 | $470 | 85% |
I-129CW Petition for a CNMI-Only Nonimmigrant Transitional Worker and I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications (small employers and nonprofits) | $460 | $510 | $50 | 11% |
I-129CW Petition for a CNMI-Only Nonimmigrant Transitional Worker and I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications (small employers and nonprofits) (with biometric services) | $545 | $510 | -$35 | -6% |
I-129F Petition for Alien Fiancé(e) | $535 | $675 | $140 | 26% |
I-130 Petition for Alien Relative (online filing) | $535 | $625 | $90 | 17% |
I-130 Petition for Alien Relative (paper filing) | $535 | $675 | $140 | 26% |
I-131 Application for Travel Document | $575 | $630 | $55 | 10% |
I-131 Application for Travel Document (with biometric services) | $660 | $630 | -$30 | -5% |
I-131 Refugee Travel Document for an individual age 16 or older | $135 | $165 | $30 | 22% |
I-131 Refugee Travel Document for an individual age 16 or older (with biometric services) | $220 | $165 | -$55 | -25% |
I-131 Refugee Travel Document for a child under the age of 16 | $105 | $135 | $30 | 29% |
I-131 Refugee Travel Document for a child under the age of 16 (with biometric services) | $190 | $135 | -$55 | -29% |
I-131A Application for Travel Document (Carrier Documentation) | $575 | $575 | $0 | 0% |
I-140 Immigrant Petition for Alien Workers | $700 | $715 | $15 | 2% |
I-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA) | $930 | $930 | $0 | 0% |
I-192 Application for Advance Permission to Enter as Nonimmigrant (CBP) | $585 | $1,100 | $515 | 88% |
I-192 Application for Advance Permission to Enter as Nonimmigrant (USCIS) | $930 | $1,100 | $170 | 18% |
I-193 Application for Waiver of Passport and/or Visa | $585 | $695 | $110 | 19% |
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | $930 | $1,175 | $245 | 26% |
I-290B Notice of Appeal or Motion | $675 | $800 | $125 | 19% |
I-360 Petition for Amerasian, Widow(er), or Special Immigrant | $435 | $515 | $80 | 18% |
I-485 Application to Register Permanent Residence or Adjust Status | $1,140 | $1,440 | $300 | 26% |
I-485 Application to Register Permanent Residence or Adjust Status (with biometric services) | $1,225 | $1,440 | $215 | 18% |
I-485 Application to Register Permanent Residence or Adjust Status (under the age of 14 in certain conditions) | $750 | $950 | $200 | 27% |
I-526/526E Immigrant Petition by Standalone/Regional Center | $3,675 | $11,160 | $7,485 | 204% |
I-539 Application to Extend/Change Nonimmigrant Status (online filing) | $370 | $420 | $50 | 14% |
I-539 Application to Extend/Change Nonimmigrant Status (online filing) (with biometric services) | $455 | $420 | -$35 | -8% |
I-539 Application to Extend/Change Nonimmigrant Status (paper filing) | $370 | $470 | $100 | 27% |
I-539 Application to Extend/Change Nonimmigrant Status (paper filing) (with biometric services) | $455 | $470 | $15 | 3% |
I-600 Petition to Classify Orphan as an Immediate Relative and I-600A Application for Advance Processing of an Orphan Petition | $775 | $920 | $145 | 19% |
I-600 Petition to Classify Orphan as an Immediate Relative and I-600A Application for Advance Processing of an Orphan Petition (with biometric services for one adult) | $860 | $920 | $60 | 7% |
I-600A/I-600 Supplement 3 Request for Action on Approved Form I-600A/I-600 | N/A | $455 | $455 | N/A |
I-601 Application for Waiver of Grounds of Inadmissibility | $930 | $1,050 | $120 | 13% |
I-601A Provisional Unlawful Presence Waiver | $630 | $795 | $165 | 26% |
I-601A Provisional Unlawful Presence Waiver (with biometric services) | $715 | $795 | $80 | 11% |
I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended) | $930 | $1,100 | $170 | 18% |
I-687 Application for Status as a Temporary Resident | $1,130 | $1,240 | $110 | 10% |
I-687 Application for Status as a Temporary Resident (with biometric services) | $1,215 | $1,240 | $25 | 2% |
I-690 Application for Waiver of Grounds of Inadmissibility Under Sections 245A or 210 of the Immigration and Nationality Act | $715 | $905 | $190 | 27% |
I-694 Notice of Appeal of Decision | $890 | $1,125 | $235 | 26% |
I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA) | $1,670 | $1,670 | $0 | 0% |
I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA) (with biometric services) | $1,755 | $1,670 | -$85 | -5% |
I-751 Petition to Remove Conditions on Residence | $595 | $750 | $155 | 26% |
I-751 Petition to Remove Conditions on Residence (with biometric services) | $680 | $750 | $70 | 10% |
I-765 Application for Employment Authorization (online filing) | $410 | $470 | $60 | 15% |
I-765 Application for Employment Authorization (online filing) (with biometric services) | $495 | $470 | -$25 | -5% |
I-765 Application for Employment Authorization (paper filing) | $410 | $520 | $110 | 27% |
I-765 Application for Employment Authorization (paper filing) (with biometric services) | $495 | $520 | $25 | 5% |
I-800 Petition to Classify Convention Adoptee as an Immediate Relative and Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country | $775 | $920 | $145 | 19% |
I-800 Petition to Classify Convention Adoptee as an Immediate Relative and Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country (with biometric services) | $860 | $920 | $60 | 7% |
I-800A Supplement 3, Request for Action on Approved Form I-800A | $385 | $455 | $70 | 18% |
I-800A Supplement 3, Request for Action on Approved Form I-800A (with biometric services) | $470 | $455 | -$15 | -3% |
I-817 Application for Family Unity Benefits | $600 | $760 | $160 | 27% |
I-817 Application for Family Unity Benefits (with biometric services) | $685 | $760 | $75 | 11% |
I-824 Application for Action on an Approved Application or Petition | $465 | $590 | $125 | 27% |
I-829 Petition by Investor to Remove Conditions | $3,750 | $9,525 | $5,775 | 154% |
I-829 Petition by Investor to Remove Conditions (with biometric services) | $3,835 | $9,525 | $5,690 | 148% |
I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (for an individual adjudicated by DHS) | $285 | $340 | $55 | 19% |
I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (for an individual adjudicated by DHS) (with biometric services) | $370 | $340 | -$30 | -8% |
I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (for a family adjudicated by DHS) | $570 | $340 | -$230 | -40% |
I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (for a family adjudicated by DHS) (with biometric services for two people) | $740 | $340 | -$315 | -48% |
I-910 Application for Civil Surgeon Designation | $785 | $990 | $205 | 26% |
I-929 Petition for Qualifying Family Member of a U-1 Nonimmigrant | $230 | $0 | -$230 | -100% |
I-941 Application for Entrepreneur Parole | $1,200 | $1,200 | $0 | 0% |
I-941 Application for Entrepreneur Parole (with biometric services) | $1,285 | $1,200 | -$85 | -7% |
I-956 Application for Regional Center Designation | $17,795 | $47,695 | $29,900 | 168% |
I-956F Application for Approval of an Investment in a Commercial Enterprise | $17,795 | $47,695 | $29,900 | 168% |
I-956G Regional Center Annual Statement | $3,035 | $4,470 | $1,435 | 47% |
N-300 Application to File Declaration of Intention | $270 | $320 | $50 | 19% |
N-336 Request for Hearing on a Decision in Naturalization Proceedings Under Section 336 (online filing) | $700 | $780 | $80 | 11% |
N-336 Request for Hearing on a Decision in Naturalization Proceedings Under Section 336 (paper filing) | $700 | $830 | $130 | 19% |
N-400 Application for Naturalization (online filing) | $640 | $710 | $70 | 11% |
N-400 Application for Naturalization (online filing) (with biometric services) | $725 | $710 | -$15 | -2% |
N-400 Application for Naturalization (paper filing) | $640 | $760 | $120 | 19% |
N-400 Application for Naturalization (paper filing) (with biometric services) | $725 | $760 | $35 | 5% |
N-400 Application for Naturalization (applicants with household income between 150 and 400% of the Federal Poverty Guidelines (FPG)) | $320 | $380 | $60 | 19% |
N-400 Application for Naturalization (applicants with household income between 150 and 400% of the FPG) (with biometric services) | $405 | $380 | -$25 | -6% |
N-470 Application to Preserve Residence for Naturalization Purposes | $355 | $420 | $65 | 18% |
N-565 Application for Replacement Naturalization/Citizenship Document (online filing) | $555 | $505 | -$50 | -9% |
N-565 Application for Replacement Naturalization/Citizenship Document (paper filing) | $555 | $555 | $0 | 0% |
N-600 Application for Certificate of Citizenship (online filing) | $1,170 | $1,335 | $165 | 14% |
N-600 Application for Certificate of Citizenship (paper filing) | $1,170 | $1,385 | $215 | 18% |
N-600K Application for Citizenship and Issuance of Certificate (online filing) | $1,170 | $1,335 | $165 | 14% |
N-600K Application for Citizenship and Issuance of Certificate (paper filing) | $1,170 | $1,385 | $215 | 18% |
USCIS Immigrant Fee | $220 | $235 | $15 | 7% |
H-1B Registration Process Fee | $10 | $215 | $205 | 2,050% |
Biometric Services (limited circumstances) | $85 | $30 | -$55 | -65% |
G-1041 Genealogy Index Search Request (online filing) | $65 | $30 | -$35 | -54% |
G-1041 Genealogy Index Search Request (paper filing) | $65 | $80 | $15 | 23% |
G-1041A Genealogy Records Request (online filing) | $65 | $30 | -$35 | -54% |
G-1041A Genealogy Records Request (paper filing) | $65 | $80 | $15 | 23% |
G-1566 Request for Certificate of Non-Existence | $0 | $330 | $330 | N/A |
Naturalization (N-400)
The new fee rule is consistent with this long-standing practice, as indicated in the table below. Previously, the total cost included both an application fee ($640) and a separate biometric services fee ($85), for a total of $725 for most applicants. Under the new fee rule, there is no longer a separate biometric services fee, and the total fee is $710 for online filers or $760 for paper filers.
The new fee rule also provides a reduced naturalization fee ($380) for applicants with a household income between 150% and 400% of the Federal Poverty Guidelines (FPG), expanding eligibility for this reduced fee. Under the previous fee schedule, this reduced fee was only available to applicants with a household income between 150% and 200% of the FPG.
Type of Filing | Previous fee(s) | Final rule fee(s) | $ change | % change |
N-400, Application for Naturalization, including biometric services (online filing) | $725 | $710 | -$15 | -2% |
N-400, Application for Naturalization, including biometric services (paper filing) | $725 | $760 | $35 | 5% |
N-400, Application for Naturalization, including biometric services, for applicants with a certain household income in relation to the Federal Poverty Guidelines (FPG) thresholdNote: Reduced fee requests must be filed on paper. | $405(150-200% of the FPG) | $380(150-400% of the FPG) | -$25 |
With the new fee rule that goes into effect April 1, 2024, applicants must use the new 04/01/24 editions of the following forms:
If you are interested in learning more about the visa and Green Card applications that we prepare, schedule a complimentary 15-minute consultation with The Grady Firm’s attorneys; call +1 (949) 798-6298; or fill out a Contact Request Form.
This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney