New Fee for Forms I-129, I-129CW, and Form I-140 and Revised Fee Structure for Forms I-129 and I-485
- POSTED: February 19, 2024
- Category:
- Featured
- Immigration Law
LGT forwards this resource to highlight a new fee that will be assessed on all Forms I-129, I-129CW, and I-140 beginning April 1, 2024, as well as to explain new fee structures for Form I-129 and Form I-485 and its ancillary benefit applications (Form I-765 and Form I-131).
Details of Changes to Fee Structures for Form I-129 and Form I-140
The Final USCIS Fee Schedule, which will be implemented on April 1, 2024, introduces an Asylum Program Fee of $600 for Forms I-129, I-129CW, and I-140. This new fee is designated to support the funding of asylum adjudications.
The Final Rule establishes a tiered filing fee for Form I-129 dependent on the size and type of employer.
Small businesses with 25 or less full-time equivalent (FTE) employees will continue to pay the current $460 filing fee and half of the Asylum Program fee.
Nonprofit organizations will continue to pay the current $460 filing fee and are not subject to the Asylum Program Fee.
Under the Final Rule, forms filed online may be eligible for a discount of $50. This should include the Form I-129 for FY2025 H-1B petitions, as USCIS recently announced that the Form I-129 for H-1B petitions will be available for online filing this cap season.
|
Form |
Filing Fee as of 04/01/2024 |
New Asylum Program Fee |
New Total |
|
I-129 H-1B |
$ 780 |
$ 600 |
$ 1,380* |
|
$ 730 |
$ 600 |
$ 1,330* |
|
I-129 H-1B (small employers) |
$ 460 |
$ 300 |
$ 760* |
|
$ 410 |
$ 300 |
$ 710 |
|
I-129 H-1B (nonprofits) |
$ 460 |
$ 0 |
$ 460* |
|
$ 410 |
$ 0 |
$ 410* |
|
I-129 H-2A - Named Beneficiaries |
$ 1,090 |
$ 600 |
$ 1,690 |
|
I-129 H-2A - Names Beneficiaries (small employers) |
$ 545 |
$ 300 |
$ 845 |
|
I-129 H-2A - Named Beneficiaries (nonprofits) |
$ 545 |
$ 0 |
$ 545 |
|
I-129 H-2A - Unnamed Beneficiaries |
$ 530 |
$ 600 |
$ 1,130 |
|
I-129 H-2A - Unnamed Beneficiaries (small employers) |
$ 460 |
$ 300 |
$ 760 |
|
I-129 H-2A - Unnamed Beneficiaries (nonprofits) |
$ 460 |
$ 0 |
$ 460 |
|
I-129 H-2B - Named Beneficiaries |
$ 1,080 |
$ 600 |
$ 1,680* |
|
I-129 H-2B - Named Beneficiaries (small employers) |
$ 540 |
$ 300 |
$ 840* |
|
I-129 H-2B - Named Beneficiaries (nonprofits) |
$ 540 |
$ 0 |
$540* |
|
I-129 H-2B - Unnamed Beneficiaries |
$ 580 |
$ 600 |
$ 1,180* |
|
I-129 H-2B - Unnamed Beneficiaries (small employers) |
$ 460 |
$ 300 |
$ 760* |
|
I-129 H-2B - Unnamed Beneficiaries (nonprofits) |
$ 460 |
$ 0 |
$ 460 |
|
I-129 Petition for L Nonimmigrant Workers |
$ 1,385 |
$ 600 |
$ 1,985* |
|
I-129 Petition for L Nonimmigrant Workers (small employers)* |
$ 695 |
$ 300 |
$ 995* |
|
I-129 Petition for L Nonimmigrant Workers (nonprofits) |
$ 695 |
$ 0 |
$ 695* |
|
I-129 Petition for O Nonimmigrant Workers |
$ 1,055 |
$ 600 |
$ 1,655 |
|
I-129 Petition for O Nonimmigrant Workers (small employers) |
$ 530 |
$ 300 |
$ 830 |
|
I-129 Petition for O Nonimmigrant Workers (nonprofits) |
$ 530 |
$ 0 |
$ 530 |
|
I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications (with or without biometrics) |
$ 1,015 |
$ 600 |
$ 1,615 |
|
I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications (with or without biometrics)(small employers) |
$ 510 |
$ 300 |
$ 810 |
|
I-129 Petition for Nonimmigrant Worker: E, H-3, P, Q, R, or TN Classifications (with or without biometrics)(nonprofits) |
$ 510 |
$ 0 |
$ 510 |
|
I-129CW CNMI-Only Nonimmigrant Transitional Worker (with or without biometrics) |
$ 1,015 |
$ 600 |
$ 1,615 |
|
I-129CW CNMI-Only Nonimmigrant Transitional Worker (with or without biometrics)(small employers) |
$ 510 |
$ 300 |
$ 810 |
|
I-129CW CNMI-Only Nonimmigrant Transitional Worker (with or without biometrics)(nonprofits) |
$ 510 |
$ 0 |
$ 510 |
|
I-140 Immigrant Petition for Alien Workers |
$ 715 |
$ 600 |
$ 1,315 |
|
I-140 Immigrant Petition for Alien Workers (small employers) |
$ 715 |
$ 300 |
$ 1,015 |
|
I-140 Immigrant Petition for Alien Workers (nonprofits) |
$ 715 |
$ 0 |
$ 715 |
* Petitioners may be subject to additional fees, such as the ACWIA fee, Fraud Prevention and Detection fee, or Public Law 114-113 fee. For more information, please see: https://www.uscis.gov/forms/all-forms/h-and-l-filing-fees-for-form-i-129-petition-for-a-nonimmigrant-worker.
Changes to the Form I-485 Fee Structure
Previously, the fee for the Form I-1485 included the cost of ancillary benefit applications for employment authorization (Form I-765) and advance parole (Form I-131), but these fees are now being charged separately because USCIS stated that not all applicants need or want these ancillary benefits. The Final Rule also reduces the cost of a Form I-765 filed concurrently with or based on a pending adjustment of status by 50 percent. Finally, the Final Rule provides a reduced fee for certain forms that are filed online, including Form I-765. However, the online filing reduced fee is not applicable to the reduced fee form I-765.
Per the fees noted in the below chart, if an applicant over 14 years of age files an adjustment of status application on or after April 1, 2024 and also applies for work authorization and advanced parole, the new total cost will be $2,330, which is an increase from $1,225.
|
Form |
Fee Effective 04/01/2024 |
|
I-485 Application to Register Permanent Residence or Adjust Status (with or without biometrics) |
$ 1,440 |
|
$ 950 |
|
I-131 Application for Travel Document (with or without biometrics) |
$ 630 |
|
$ 0 |
|
I-765 Application for Employment Authorization (stand alone paper filing with or without biometrics) |
$ 520 |
|
$ 260 |
|
$ 0 |
** See 8 CFR 106.2(a)(7)(iv).
*** Per 8 CFR 106.2(a)(44)(i) For an applicant who filed USCIS Form I–485 with a fee after April 1, 2024, and their Form I–485 is still pending: $260. The online filing discount in § 106.1(g) does not apply to this paragraph.
**** See 8 CFR 106.2(a)(44)(ii)(A).
If you have any questions regarding the new fee structures, please feel free to contact Shuyuan Tian, Esq. at (607) 584-5792 or stian@lgtlegal.com.