USCIS Immigration Fee Increases in 2024 and 2025: What You Need to Know

Overview of the 2024 Fee Rule

Effective April 1, 2024, USCIS implemented its first major fee adjustment since 2016. This final rule aimed to recover operating costs, support timely processing, and address agency underfunding. The weighted average fee increase was approximately 26%, though some specific petitions saw much steeper hikes.

Key Changes for Employment-Based Petitions

1. H-1B Registration Fee

• FY 2025 Cap (March 2024): Remained $10.
• FY 2026 Cap (March 2025): Increases significantly to $215 per registration, a 2050% jump. This is a critical factor for employers planning for the upcoming lottery.

2. New Asylum Program Fee

A new $600 Asylum Program Fee applies to Forms I-129 (Nonimmigrant Worker) and I-140 (Immigrant Petition for Alien Worker).

• Standard Fee: $600 per petition.
• Small Employers (25 or fewer full-time employees): Reduced fee of $300.
• Nonprofits: Exempt ($0).

3. Form I-129 (H-1B, L-1, O-1)

Fees are now segmented by visa classification rather than a uniform fee:

• H-1B: Increased from $460 to $780 (plus Asylum Fee).
• L-1: Increased from $460 to $1,385 (plus Asylum Fee).
• O-1: Increased from $460 to $1,055 (plus Asylum Fee).

4. Form I-140 (EB-1, NIW, etc.)

• Base filing fee increased slightly from $700 to $715.
• However, the addition of the $600 (or $300) Asylum Program Fee makes the effective cost significantly higher for most petitioners.

Changes for Adjustment of Status (Green Card)

• Form I-485: Increased from $1,225 to $1,440.
• Unbundling: Previously, the I-485 fee included EAD (I-765) and Advance Parole (I-131). Now, these must be paid separately:
  • I-765 (EAD): $260 (if filed with I-485).
  • I-131 (AP): $630.

Premium Processing (Effective Feb 26, 2024)

Premium processing fees were adjusted for inflation:

• Form I-140: Increased to $2,805.
• Form I-129: Increased to $2,805.
• Timeline: Adjudication time changed from 15 calendar days to 15 business days.

Future Outlook: 2026

USCIS has signaled further inflation-based adjustments scheduled for January 2026 and March 2026, primarily affecting H.R. 1 related fees and premium processing. Employers should budget for continued increases in immigration costs.

Strategic Takeaway

For startups and small businesses, the "Small Employer" designation is vital for fee reduction. Documentation proving you have 25 or fewer FTEs is now a standard part of the petition packet to claim the reduced Asylum Program Fee.