March 6, 2024 Update: H-1B lottery now open! The initial registration period for the FY 2025 H-1B cap opened at 12PM Eastern Time on March 6, 2024, and will run through 12 PM Eastern Time on March 22, 2024. Learn how to apply here.
The U.S. Citizenship and Immigration Services will increase fees for employer petitions and sponsorship of permanent residence in a final rule. The agency justifies the fee hikes due to significant cost increases since the last adjustment in December 2016. Congress doesn’t provide annual funding for benefits processing, but occasional supplemental funding is granted to USCIS.
The new fees become effective on April 1, 2024. The final rule maintains two contentious fees, potentially leading to legal challenges. Additionally, USCIS has introduced a final rule altering the H-1B visa registration selection process.
What Are H-1B Fees Changing To?
Visa Fee Increase
- The rule raises visa fees from $10 to $110, marking the first increase since 2016.
- Effective from April 1.
H-1B Registration Fee Hike
- Registration fees for H-1B visas will go up from $10 to $215.
H-1B Lottery Process Change
- The other rule modifies the lottery process for the H-1B cap.
- The annual cap is set at 65,000 visas, with an additional 20,000 for those with a US master’s degree or higher.
Employer Fees Increase
H-1B, L-1, and O-1 Petition Fees
- Employers hiring high-skilled foreign nationals will experience minimal changes from the proposed fee rule (January 2023) to the final rule.
- Proposed increases are 70% for H-1B petitions (from $460 to $780), 201% for L-1 petitions (from $460 to $1,385), and 129% for O-1 petitions (from $460 to $1,055).
I-485 Application Fee
- The fee for an I-485 Application to Register Permanent Residence or Adjust Status (with biometric services) is set to increase from $1,225 to $1,440. This is $100 less than initially proposed.
H-2A and H-2B Petition Fees
- Fees for named beneficiaries in H-2A petitions (for agricultural workers) will see a 137% increase (from $460 to $1,090).
- H-2B petitions (for seasonal, nonagricultural workers) will experience a 135% fee hike (from $460 to $1,080).
- USCIS has maintained these fees from the proposed rule.
(Note: All fee changes are in comparison to the proposed fee rule from January 2023.)
H-1B Lottery Changes: Final Rules
The revised lottery system will now prioritize individual beneficiaries rather than the employers submitting the registrations. This change ensures that each beneficiary has an equal opportunity for selection and safeguards against fraudulent practices where employers submit multiple registrations for a single individual. These regulations are set to be effective for the H-1B cap in the fiscal year 2025.
H-1B Process to Be Fully Electronic
USCIS Director Ur M Jaddou told ANI that the new rule and online services will improve the H-1B program, making it fairer and more transparent. He mentioned, “These enhancements aim to create a more equitable process for both those filing petitions and the individuals benefiting from them, enabling the entire H-1B process to be conducted electronically from registration to the final decision.
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VisaPlace Immigration News Contributor
Michael Niren, Founder of VisaPlace
Michael Niren is the founder of VisaPlace Immigration and has spent more than 30 years helping people through the immigration process. Today, VisaPlace focuses on helping Canadians move to the United States, whether for a new job, a business, family or retirement. Michael’s commentary on immigration has been featured on CNN, CBC and The Globe and Mail. VisaPlace Immigration works with licensed and experienced immigration lawyers, who are independent and operate separately from VisaPlace Immigration, and every client’s case is reviewed by one of them. Michael does not provide legal advice.
