Publications

USCIS Announces New Fee Schedule

On April 1, 2024, new fees went into effect for all U.S. Citizenship and Immigration Services (USCIS) forms. All forms must be submitted with the correct fee, or the filing will be rejected.

Key Changes for Employment-Based Nonimmigrant and Immigrant Visa Cases

• USCIS introduced a new additional $600 fee for each Form I-129 and I-140.
• Small employers (≤25 employees) must pay $300; nonprofits are exempt.
• Form I-129 will no longer have a set fee based on the Form; the filing fee will now vary based on the specific process (e.g., H-1B, E-3, L-1, TN, O-1, etc.).
• Small employers (≤25 employees) and nonprofits will pay lower filing fees than large employers (25+ employees).
• Filing fees for cases filed online will be $50 lower than for paper-based submissions.
• The H-1B CAP registration fee will increase from $10 to $215 beginning with the FY26 cycle (for registrations to be submitted in March 2025).

Updated Fee Schedule – Selected Employment-Based Visa Cases

See https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf for complete fee list.

As a reminder, Premium Processing fees also increased beginning February 26, 2024.  This optional USCIS service provides expedited processing for the following forms:

• Form I-129, Petition for a Nonimmigrant Worker
• Form I-140, Immigrant Petition for Alien Worker
• Form I-765, Application for Employment Authorization
• Form I-539, Application to Extend/Change Nonimmigrant Status

USCIS guarantees to review (not necessarily approve) a case submitted under the premium processing program within the allotted time period below OR it will refund the related premium processing fee:

• 15 business days for most classifications
• 30 business days for Form I-765
• 30 business days for Form I-539 applicants requesting a change of status to E-1 dependent, E-2 dependent, E-2C, E-3, F-1, F-2, H-4, M-1, M-2, J-1, or J-2, L-2, O-3, P-4, or R-2 nonimmigrant status, once all prerequisites, including receipt of biometrics, have been met
• 45 business days for Form I-140 E13 multinational executive and manager and Form I-140 E21 national interest waiver classifications

USCIS Introduces New Forms

In connection with the fee increases that went into effect on April 1, 2024, USCIS also released updated editions (4/1/24) of most forms.  Although USCIS will accept prior editions of most forms through June 3, 2024, the following employment-based forms do not have a grace period:

• Form I-129, Petition for a Nonimmigrant Worker
• Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker
• Form I-140, Immigrant Petition for Alien Workers

Wiggin and Dana’s Business Immigration and Compliance Practice Group will continue to provide briefings with material employment-based immigration case updates.  If you have any questions, please contact the practice group leader, Najia Khalid, at 203.498.4314 or [email protected].