The U.S. Citizenship and Immigration Services (USCIS) has finalized a rule significantly increasing various immigration application fees, including those for the highly sought-after H-1B temporary work visa. This comprehensive fee schedule, set to take effect on April 1, 2024, has prompted an immigration lawyer to state that the rule is "not final" and is expected to face legal challenges. This perspective suggests that "nothing changes yet" for petitioners and beneficiaries until potential litigation is resolved.

The new USCIS final rule, officially published on January 30, 2024, mandates substantial adjustments across nearly all immigration benefit request forms. For the H-1B program, which permits U.S. employers to temporarily employ foreign workers in specialty occupations, the changes are particularly impactful. The most notable H-1B-specific adjustment is the increase in the H-1B registration fee for the annual lottery, soaring from $10 to $215 – a 2050% rise. Additionally, the filing fee for Form I-129, Petition for a Nonimmigrant Worker, which includes H-1B petitions, will increase to $780 for employers with 25 or more full-time equivalent employees and $460 for small employers (under 25 employees) and non-profit organizations.

USCIS justifies the fee increases by citing a need to recover operational costs, expand humanitarian programs, and improve service delivery. The agency stated that its previous fee schedule, established in 2016, no longer covered the full cost of its operations. However, legal experts contend that the new rule may be vulnerable to legal challenges. An immigration lawyer, whose remarks were reported, anticipates litigation arguing against the fee structure or the procedural aspects of its implementation. This anticipation stems from concerns that the fees may be deemed excessively high or that the rulemaking process did not fully adhere to administrative law requirements.

Key provisions of the USCIS final fee rule effective April 1, 2024, impacting H-1B and related categories include:

  • H-1B Registration Fee: Increases from $10 to $215 per beneficiary.
  • H-1B Petition (Form I-129): Tiered fee structure introduced: $780 for employers with 25 or more FTE employees, and $460 for small employers (fewer than 25 FTEs) and non-profits.
  • L-1 Visa Petition (Form I-129): Also sees a tiered increase, rising from $460 to $1,385 for large employers, and $695 for small employers and non-profits.
  • Asylum Program Fee: A new $600 fee for most employment-based petitions to help fund asylum processing, payable by employers.
  • Premium Processing: While not part of this specific fee rule, fees for this expedited service, often utilized for H-1B petitions, were increased by a separate regulation earlier in 2024.

The prediction of litigation introduces uncertainty for employers and foreign workers reliant on the H-1B program. While the rule's effective date is April 1, 2024, any successful legal challenge could potentially delay implementation, modify the fee structure, or even nullify parts of the rule. Employers preparing for the H-1B cap registration period, which typically opens in March, are advised to monitor official announcements from USCIS and legal developments closely, as the landscape for U.S. work visa applications remains dynamic.