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USCIS Final Fee Rule

On January 4, 2023, USCIS proposed a rule which would adjust USCIS fees, add new fees for benefit requests, establish distinct fees for petitions for nonimmigrant workers, and limit the number of beneficiaries on certain forms. The proposed rule included an increase in application fees by a 40% overall weighted average increase.

The White House’s Office of Information and Regulatory Affairs (OIRA) received the final rule containing the new fees on Monday, January 8, 2024. OIRA completed their review of this final rule on Friday, January 19, and the final rule could be published within the next few weeks in the Federal Register.

Some of the USCIS fees that would be affected by this final rule include:

  1. H-1B Pre-Registration Fee – $10 to $215 (2050% increase)
  2. Form 1-129: Petition for H-1 Nonimmigrant Worker – $460 to $780 (70% increase)
  3. Form 1-129: Petition for L-1 Nonimmigrant Worker – $460 $1,385 (201% increase)
  4. Form 1-129: Petition for O-1 Nonimmigrant Worker – $460 $1,055 (129% increase)

However, note that in a recent stakeholder engagement related to H-1B registration and online accounts, USCIS confirmed that the current $10 fee for H-1B registration will remain in effect for the upcoming registration period. 

If you have any questions about the USCIS Final Fee Rule, contact our office today to set up a consultation with one of our attorneys!