USCIS FINAL RULE ON FEE INCREASES PUBLISHED

USCIS has published the final rule related to the anticipated filing fee increases. For a table summary of the fee increases, see here: USCIS Final Rule – Fees. The new fees will go into effect on April 1, 2024.

A few important notes:

  • USCIS will now charge different fees for Form I-129, Petition for a Nonimmigrant Worker, depending on the nonimmigrant classification requested;
  • USCIS will unbundle employment authorization document (EAD) and advance parole (AP) fees from the adjustment of status filing fee. Effective April 1, 2024, however, foreign nationals who file an adjustment application on or after April 1 and who want an EAD or advance parole must pay an additional fee for each document.
  • The premium processing timeframe will now be interpreted as business days instead of calendar days.
    USCIS will now impose an additional $600 “Asylum Program Fee” on most I-140 and I-129 Petitions. The fee is intended to be used to fund part of the costs of administering the asylum program.

As a reminder, in a separate regulation that takes effect on February 26, 2024, premium processing fees will increase, with the premium fee for Form I-140 petitions and most I-129 going up to $2,805.