Navigating Potential Changes in the USCIS Final Fee Rule

By: Lihua Tan

Introduction

A new USCIS Final Fee Rule could be published as a final rule very soon. This rule, which has been under review by the White House's Office of Information and Regulatory Affairs (OIRA), carries implications that may reshape the landscape of immigration processes, primarily, a hike in certain immigration fees.

Summary

The USCIS Final Fee Rule is poised for publication as a final rule, with OIRA having received the finalized fee structure on January 8, 2024. While OIRA traditionally has a 90-day review period, the Administration may expedite the process, given the eight-year gap since the last fee increase.

Historically, based on past fee rules, once published in the Federal Register, it is anticipated to take effect at least 60 days later.

Their fee increases underscores potential financial implications for employers, revealing substantial increases for various petitions and application types that include but are not limited to the following:

• 70% increase for H-1B petitions.
• 129% increase for O-1 petitions.
• 201% increase for L-1 petitions.
• A $600 surcharge for Forms 1-129 and I-140.
• A 2,000% increase for the H-1B electronic registration system fee for FY 2026.
• 130% more for AOS, AP and EAD applications when filed together.

 

Furthermore, the increased fee rule contains a provision that also aims to modify the premium processing timeline from 15 calendar days to 15 business days for most immigration benefit request types where premium processing is available.

Conclusion      

For any questions or assistance regarding this article, contact your trusted Chugh, LLP immigration professional.