By Nashwa Azzam, Partner |
New Fee for Forms I-129, I-129CW, and I-140: Beginning April 1, 2024, a new Asylum Program Fee will be assessed on all Forms I-129, I-129CW, and I-140. This fee aims to fund asylum adjudications due to increased caseloads in recent years.
The Asylum Program Fee will vary based on the size and type of the petitioning employer.
Small businesses with 25 or fewer full-time equivalent employees will pay the current filing fee plus half of the Asylum Program Fee.
Nonprofit organizations will continue to pay the current filing fee and are exempt from the Asylum Program Fee.
Online filing for Form I-129 may qualify for a $50 discount.
Changes to Form I-129 Filing Fees (Examples)
- I-129 H-1B: $780 + $600 Asylum Program Fee = $1,380*
- I-129 H-1B (small employers): $460 + $300 Asylum Program Fee = $760*
- I-129 L: $1,385 + $600 Asylum Program Fee = $1,985*
- I-129 L (small employers): $695 + $300 Asylum Program Fee = $995*
- I-129 O: $1,055 + $600 Asylum Program Fee = $1655*
- I-129 O (small employers): $530 + $300 Asylum Program Fee = $830
*Additional fees may apply.
Changes to Form I-485 Fee Structure
The Final Rule separates fees for Form I-485 and its ancillary benefit applications (Form I-765 and Form I-131), effective April 1, 2024. Additionally, a 50% reduction in the Form I-765 fee is applied when filed concurrently with or based on a pending adjustment of status. Certain online filing reductions are available, excluding Form I-765.
- I-485 Application Fee: $1,440
- I-765 Application Fee (standalone): $520
- I-765 filed with Form I-485 (after April 1, 2024): $260
The combined cost for an applicant over 14 years filing for adjustment of status, work authorization, and advance parole will be $2,330.
For more information and assistance with these changes, please contact KTA.
