Adjustments To U.S. Citizenship And Immigration Services Filing Fees And 2024 H-1B Work Visa Lottery Registration Update - Work Visas - United States (2024)

ADJUSTMENTS TO U.S. CITIZENSHIP AND IMMIGRATION SERVICES FILINGFEES

U.S. Citizenship and Immigration Services (USCIS) has announcedthat it will adjust certain visa and U.S. Permanent Residence/GreenCard-related fees effective April 1, 2024.

The complete new fee schedule table is available here. Please note somesignificant increases:

Work Visas

• The regular processing fee for an H-1B visa application isincreasing from $460.00 to $780.00 for employers with 26 or morefull-time employees. With the inclusion of the required FraudPrevention and Detection Fee of $500.00, the AmericanCompetitiveness and Workforce Improvement Act (ACWIA) Fee of$1,500.00, and the new Asylum Program Fee of $600.00, this meansthat the total USCIS filing fees for a new H-1B visa application,and a transfer of an H-1B visa, will be $3,380.00 if thepetitioning employer has 26 or more full-time employees.
• The regular processing fee for an H-1B visa application is NOTincreasing for "small" petitioning employers (employerswith 25 or fewer full-time employees). The regular processing feewill remain $460.00 for these types of petitioning employers. Withthe inclusion of the required Fraud Prevention and Detection Fee of$500.00, the American Competitiveness and Workforce Improvement Act(ACWIA) Fee of $750.00 for "small" petitioning employers,and the new Asylum Program Fee of $300.00 for "small"petitioning employers, this means that the total USCIS filing feesfor a new H-1B visa application, and a transfer of an H-1B visa,will be $2,010.00** if the petitioning employer has 25 or fewerfull-time employees.
• The regular processing fee for an L-1 visa application isincreasing from $460.00 to $1,385.00 for employers with 26 or morefull-time employees. With the inclusion of the required FraudPrevention and Detection Fee of $500.00 and the new Asylum ProgramFee of $600.00, this means that the total USCIS filing fees for anew L-1 visa application will be $2,485.00 if the petitioningemployer has 26 or more full-time employees.
• The regular processing fee for an L-1 visa application isincreasing from $460.00 to $695.00 for "small"petitioning employers (employers with 25 or fewer full-timeemployees). With the inclusion of the required Fraud Prevention andDetection Fee of $500.00 and the new Asylum Program Fee of $300.00for "small" petitioning employers, this means that thetotal USCIS filing fees for a new L-1 visa application will be$1,495.00** if the petitioning employer has 25 or fewer full-timeemployees.
• The regular processing fee for an O-1 visa application isincreasing from $460.00 to $1,055.00 for employers with 26 or morefull-time employees. With the inclusion of the new Asylum ProgramFee of $600.00, this means the total USCIS filing fees for a newO-1 visa application will be $1,655.00 for employers with 26 ormore full-time employees.
• The regular processing fee for an O-1 visa application isincreasing from $460.00 to $530.00 for "small"petitioning employers (employers with 25 or fewer full-timeemployees). With the inclusion of the new Asylum Program Fee of$300.00 for "small" petitioning employers, this means thetotal USCIS filing fees for a new O-1 visa application will be$830.00** for "small" petitioning employers.

** Please note there are fee exceptions applicable to nonprofitpetitioning employers as well.

U.S. Permanent Resident/Green Card:

• The regular processing fee for an I-140 application for U.S.Permanent Residence/Green Card classifications is increasing from$700.00 to $715.00. Petitioning employers submitting an I-140application will also have to pay the new Asylum Program Fee of$600.00 if they employ 26 or more employees; or $300.00 if theyemploy 25 or fewer employees. Nonprofit petitioning employers willnot be required to pay the new Asylum Program Fee.
• The regular processing fee for an I-485 application for U.S.Permanent Residence/Green Card issuance is increasing from$1,225.00 to $1,440.00.

2024 H-1B WORK VISA LOTTERY REGISTRATION UPDATE

USCIS has announced that the registration period for all newH-1B work visas will open on March 6, 2024 and run through March22, 2024. Employers planning to apply for H-1B work visas on behalfof foreign-born employees must register the employee(s) with USCISduring this period for inclusion in the H-1B work visa CAP. The CAPis the annual quota on new H-1B work visas. The regular CAP is setat 65,000; with an additional 20,000 reserved for U.S. advanceddegree holders (i.e. the "Master's CAP"). Becausedemand almost always exceeds the quota limitations, USCIS conductsa random-selection lottery to determine which employers can proceedin filing a full application with USCIS during the filing period ofApril 1, 2024 – June 30, 2024. The employee must beregistered during March 6, 2024 – March 22, 2024 to beentered into the lottery.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circ*mstances.

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