In a significant development for both employers and aspiring immigrants, the proposed overhaul of H-1B visa fees has passed the final stage of review before its official implementation.
According to a recent report from Bloomberg Law, the proposed changes, denoted as 1615-AC68, have received approval in the White House review process. The report also confirmed the culmination of a process that began with the Notice of Proposed Rulemaking (NPRM) back in January 2023.
Key Fee Adjustments for Temporary and Permanent Work Visas
Outlined in a draft fee rule by the US Citizenship and Immigration Services last year, the proposed changes bring noteworthy adjustments to fees associated with temporary and permanent work visas.
H-1B Cap Registration Fee to Jump 2150%
The most notable and immediate change will be the dramatic increase in the E-registration fee for the annual H-1B cap lottery. From a mere $10, the H-1B visa fee is set to jump to $215, potentially aimed at deterring frivolous applications and streamlining the process.
70% Increase in H-1B Petition Fees
Moreover, fees for selected beneficiaries’ applications were expected to jump by 70% to $780. The impact of these fee changes on the opening of the FY 2025 H-1B cap season in March 2024 remains uncertain.
Premium Processing Fees Rise 12%
In tandem with these changes, the US immigration agency has announced an increase in premium processing fees for H-1B applications, set to rise by 12% to $2,805 from February 26. Employers sponsoring H-1B applications must factor in these additional costs when planning their immigration strategies.
Uncertain Impact on FY 2025 H-1B Cap Season
Whether these increased fees will affect the upcoming H-1B cap season in March 2024 remains unclear. However, employers and potential applicants should factor them into their planning and budgeting.
Broader Fee Increases Across Visa Categories
As per the NPRM, initial (EB-5 Visa) I-526 petition fees for investors were set to rise by 204% to $11,160, and I-829 petition fees for the removal of conditions on permanent resident status would increase by 148% to $9,535.
- Citizenship (Naturalization): Rising from $640 to $760 (19% increase)
- EB-5 Investment-Linked Green Card Program:
- I-526 petition fees for investors: 204% increase to $11,160
- I-829 petition fees for removal of conditions: 148% increase to $9,535
Comparison of Proposed Fee Increases
The below table provides a clear overview of the existing and proposed fees, along with the percentage increase for each category.
It highlights the significant changes in fees, particularly in the context of H-1B visas, premium processing, citizenship applications, and EB-5 investor programs.
| Visa Category | Existing Fee | Proposed Fee | Percentage Increase |
|---|---|---|---|
| H-1B Specialty Occupation Visas (Registration) | $190 | $215 | 13.16% |
| H-1B E-registration (Annual Cap Lottery) | $10 | $215 | 2050.00% |
| H-1B Selected Beneficiaries’ Applications | $460 | $780 | 69.57% |
| Premium Processing for H-1B Applications | $2,500 | $2,805 | 12.20% |
| Citizenship (Naturalization) | $640 | $760 | 18.75% |
| EB-5 Investor – I-526 Petition | $3,675 | $11,160 | 203.40% |
| EB-5 Investor – I-829 Petition | $3,750 | $9,535 | 154.67% |
Final Rule Yet to be Unveiled
While the proposed changes have cleared a major hurdle, the final rule is yet to be officially published. Once it is, we will have a definitive picture of the new fee structure and its potential impact on various stakeholders.
Looking Ahead
This overhaul of visa fees represents a significant shift in the immigration landscape. With increased costs across the board, employers and aspiring immigrants must adapt to the new realities.
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