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Proposed USCIS Fee Increases to Hit Employers, Business Immigration Filings

Sarah Hawk

Sarah J. Hawk

Immigration and Global Mobility Chair

U.S. employers may soon face significantly higher fees to sponsor foreign national workers. On Jan. 4, 2023, the U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking (NPRM) proposing significant filing fee increases for nonimmigrant and immigrant petitions. The rule is currently in the 60-day comment period, which concludes March 6. 

These proposed fee increases are quite considerable. Under the proposed rule, employers could pay 70 percent more for H-1B ($780), 201 percent more for L-1 ($1,385), 129 percent more for O-1 ($1,055), and 121 percent more for E and TN filings. For I-140 petitions, the proposed filing fee increase is more modest at 2 percent ($700 to $715).

In addition, the Department of Homeland Security (DHS) wishes to introduce a separate $600 Asylum Program Fee payment for I-129 and I-140 petitions to shift costs of asylum and humanitarian relief programs. 

The USCIS also proposes removing the bundled fee benefit for Adjustment of Status (I-485) petitions filed with Advance Parole (I-131) and Employment Application Documents (I-765) petitions, increasing the filing fee by 130 percent ($1,125 to $2,820). 

Below is a chart of common employment-based petitions affected by the proposal:

Immigration Process

Current Filing Fee

Proposed Filing Fee

Filing Fee Increase (%)

H-1B Pre-Registration Fee $10 $215 2050%
H-1B Pre-Registration Fee $460 $780 70%
I-129 L Petition $460 $1,385 201%
I-129 O Petition $460 $1,055 129%
I-129 E and TN Petition $460 $1,015 121%
I-130 Petition $535 $710 33%
I-140 Petition $700 $715 2%
I-485 Petition $1,225 $1,540 26%
I-485 Petition (children under the age of 14)  $750 $1,540 105%
I-485 Petition (Filed with I-131 and I-765)  $1,225 $2,820 130%
I-765 Petition Paper Filing $410 $650 59%
I-765 Petition Online Filing $410 $555 35%
I-539 Petition Paper Filing $370 (without biometrics) $620 68%
I-539 Petition Online Filing $370 (without biometrics) $525 42%
N-400 Petition $640 $760 19%
 I-751 Petition $595 (without biometrics) $1,195 101%

A complete chart of USCIS’ current and proposed fee increases is available starting on page 407 of Notice of Proposed Rulemaking.

In addition, the USCIS proposes changes to the premium processing timeline. Under the proposed rule, the premium processing service would change from 15 calendar days to 15 business days effectively increasing the processing time. 

At the conclusion of the 60-day comment period, the USCIS will publish a final rule. The proposed fee increases will not affect this year’s H-1B pre-registration. 


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