USCIS to Implement Varying Filing Fees by Visa Category

In just two weeks, on April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) will implement its new filing fee structure. The new fees will vary by visa type with exceptions for small employers and non-profit entities. A new Asylum Program Fee will also be added to certain petitions.

As an example of the upcoming changes, the following chart covers a comparison of the most common visa types:







H-1B (small employers* and non-profits)






L-1 (small employers* and non-profits)






O-1 (small employers* and non-profits)



*Small employers are defined as those with 25 or fewer full-time equivalent employees.

In most cases, the new fee will be all inclusive so that a separate biometrics fee will not be required. A complete chart of all the changes can be found here.

April 2024 will also see the debut of a new $600 fee: Asylum Program Fee. This fee will be paid by employers filing I-129, Nonimmigrant Visa Petitions, as well as all I-140, Immigrant Visa Petitions. The fee was established to cover some of the costs related to asylum processing, which to date remains free of charge for applicants. It remains to be seen whether this fee will be challenged as employers explore options due to a view that law-abiding employers should not be forced to shoulder the costs of solving a problem they did not create and do not benefit from.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.