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U.S. Department of Homeland Security (DHS) Proposed Rule Would Significantly Increase Filing Costs for Many Employment-Based Immigration Benefits
Overview
U.S. Citizenship and Immigration Services (USCIS), an agency within the U.S. Department of Homeland Security (DHS), released a proposed fee schedule, which would increase fees for many immigration petitions and applications, with significant fee increases for employment-based petitions. Specifically, under the proposed rule, employers will pay 70% more for H-1B petitions, 201% more for L-1 petitions, 129% more for O-1 petitions, and 2,050% more for the H-1B lottery registration fee. In addition to the fee increases, the proposal also includes a provision where USCIS will use business days, rather than calendar days, to calculate the required adjudication period for premium processing cases.
Background
USCIS Director Ur M. Jaddou stated that the new fees will allow the agency to recover its operating costs more fully, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs. USCIS’ related press release notes that USCIS receives 96% of its funding from filing fees as opposed to congressional appropriations. USCIS has not increased its fees since 2016.
Important Dates and Next Steps
It is important to note that this is simply a proposal; the new fees are not yet required. USCIS will hold a virtual public listening session on Wednesday, January 11, 2023 at 2:00pm EST during which the public may speak directly on the questions raised by the proposed rule. A list of frequently asked questions (FAQs) on the proposed fee schedule can be found here. USCIS will accept comments from the public through March 5, 2023. The agency will then review all comments before finalizing a related rule. USCIS will then be required to submit a report to Congress and will not be able to implement its new rule until at least sixty days thereafter. This means two things: (1) there may be changes made to the fee increase proposal and (2) the new fees will not be required until later in the year.
Visual of the Proposed Increases
The table below outlines some of the significant fee increases for employment-based immigration petitions and related applications.
| Petition/Application Type |
Current Fee |
Proposed Fee |
Percentage Increase |
| H-1B Registration Fee |
$10 |
$215 |
2050% |
| I-129 Petition for H-1B Worker |
$460 |
$780 |
70% |
| I-129 H2A Petition - Named Beneficiaries |
$460 |
$1090 |
137% |
| I-129 H2B Petition - Named Beneficiaries |
$460 |
$1080 |
135% |
| I-129 Petition for L Nonimmigrant Worker |
$460 |
$1385 |
201% |
| I-129 Petition for O Nonimmigrant Worker |
$460 |
$1055 |
129% |
| I-140 Immigrant Petition for Alien Worker |
$700 |
$715 |
2% |
| I-485 Application for Adjustment of Status |
$1140 |
$1540 |
35% |
| I-765 Application for Employment Authorization |
$410 |
$555 |
35% |
Please contact us at info@klugfirm.com or +1 (212) 495-9245 if you require U.S. business immigration law assistance.
You can access our previous Client Alerts here.
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