DHS is proposing changes to its fee schedule that would increase costs for most petitioners and applicants and impose new requirements for many types of cases. Several highlights of this proposal are below.

Form I-129

DHS is proposing to separate the Form I-129, nonimmigrant worker petition into different forms for each visa classification and to require different fees for each classification. The change would affect all classifications that are sought through the Form I-129, such as the H-1B, L-1, O, and TN.

As examples, the H-1B fee is proposed to increase from $460 to $560 and the L-1 fee is proposed to increase from $460 to $815.

Border Security Fee

Additionally, DHS is proposing to change its policy regarding a border security fee. Currently, employers who have more than 50 employees and 50% of them are in H-1B or L-1 status must pay an additional $4,000 fee for each initial and change of employer H-1B petition and $4,500 for each initial and change of employer L-1 petition. Under the proposal, employers would pay this fee for each H-1B or L-1 extension of stay as well.

Adjustment of Status

Furthermore, DHS is proposing to increase fees for applications for adjustment of status as well as ancillary benefits (e.g. employment authorization documents and advance parole). The current fees are $1,225, which covers the adjustment of status application as well as the employment authorization document and advance parole. The current fee also covers future employment authorization documents and advance parole renewals while the adjustment of status case is pending.

DHS’s proposal will instead require separate fees for new and renewed employment authorization documents and advance parole. The cost to file an adjustment application with ancillary benefits will increase to $2,195 and renewals for employment authorization documents and advance parole will require fees of $490 and $585, respectively.

Premium Processing

Currently, premium processing service guarantees a 15 calendar day adjudication period. DHS is proposing a change so that premium processing service will guarantee a 15 business day adjudication period, which could prolong adjudications by one week.

Biometric Fees

DHS is proposing to eliminate the $85 biometric service fee for most case types. Instead, the fee would be incorporated into the the fee for filing fee for the case type.

Please do not hesitate to contact our office with any further questions regarding this matter.