News : USCIS Application Fees increase in 2010. H1B Premium Fee $1,225

In H1B Visa by KumarUpdated : 12 Comments

USCIS announced the final rule to increase the application fee they charge for various immigration and naturalization services.  In fact, about 90% of its budget comes from the fee paid by applicants for immigration benefits. They review it every 2 years or so to keep up with the costs and inflation.  Overall, the average application and petition fee was increased by approximately 10 percent. There was no increase in the Naturalization application fee.

Here are the changes to the fees that are relevant to most of our  blog readers i.e., H1B visa application fee, H1B Premium processing fee, Adjustment of status, GC processing related forms, and EAD filing.  In fact, most of the employers were not happy with the H1B and L1 fee increase by $2000, now this is adding some more fuel to fire…

Summary of USCIS Application Fee increase from Nov 23, 2010

Form No.Application/Petition DescriptionExisting Fees (effective through Nov. 22, 2010Adjusted Fees (effective beginning Nov. 23, 2010)
I-129/129CWPetition for a Nonimmigrant Worker$320$325
I-140Immigrant Petition for Alien Worker$475$580
I-192Application for Advance Permission to Enter as Nonimmigrant$545$585
I-765Application for Employment Authorization$340$380
I-907Request for Premium Processing Service$1,000$1,225
I-539Application to Extend/Change Nonimmigrant Status$300$290
I-485Application to Register Permanent Residence or Adjust Status$930$985

For complete list of the forms related to USCIS fee increase and the press release, read the USCIS Press release on Final rule adjustment of Fees for immigration benefits


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Comments ( 12 )

  1. shobha

    Hi Kumar,

    My husband recently applied for H1B for premium processing, USIC S sent back the package saying that the fees has been increased. His employer upgraded the package and sent back to USCIS. USCIS again sent back the package saying that they changed the application and the application needs to be re-filled. Is it right that they changed the Application form. I somehow feel that they have been draging this issue. Just need to comfirm if the application for H1B has changed and how long does it take to get the receipt number and the approval. He is currently on H4 and cannot work until his H1 is approved.

    1. administrator

      I checked the I-129 form on USCIS website, and it says latest revision is 1/19/2011. I don’t know what has changed in this form since last version, but the employer may have to fill this one.

  2. Fabian

    I have two questions:
    1) I have work visa H1b and need to extend it. Mine expires on May 11. How LATE can I apply for an extension? (either regular or premium). I’m asking this because I was told I can’t apply now since I will be traveling abroad in March and April and once you initiate the process you can’t leave the country, that’s why I need to wait until I come back. I read somewhere it can’t be filed less than a month from expiration date. I may need to file 15 days before the expiration date. Is there a risk in this case?

    2) I read that the premium processing takes 15 calendar days for approval. The question is how long does it take for ME to get the paper at home?. I’m asking this because sometimes they approve it but then it takes longer for them to mail me the actual petition approved. Does the whole thing take less than a month?

    Thanks so much!

    1. administrator

      1. I don’t know where you read about the 1 month rule, but as long as USCIS receives it before expiration of your I-94, you should be fine. You also factor in the time your attorney will take to prepare the documents and postal delays. 15 days should be fine in my opinion.

      2. Yes, the entire thing should be less than a month. Assuming your case takes the maximum days on premium processing (i.e. 1 week), another 4-5 days for USCIS to send the documents to the employer/attorney and another 4-5 days for the employer to send the documents to you – entire thing can happen within a month.

  3. Mangesh

    Hey Kumar,

    Thanks for the post. I transfered my H1 almost a year back from employer A to employer B, however I don’t have employer B’s stamp on my visa (have the I797) and my previous employer’s stamp has expired. I am travelling to India in Jan 2011, so I need to get the employer B visa stamped on my passport before coming here.

    My question is, Do I need to pay $2000 to the US consulate in India (for just stamping already approved H1b) or this news is just about the Employer paying the fee while filing for H1b?
    Article mentioned: under “November 24, 2010” section is not very clear, and its also not clearly mentioned in your article. Do you have any update on that?

    Thanks again..

    1. administrator

      Magnesh, I think you do not need to pay $2000. That applies to all H1B transfers when they file them after the new law signed. But, as you said, the news listed is very misleading. Please call them to clarify or you can call USCIS as well. Update us as well.

      1. Mangesh

        So, I emailed VFS Mumbai and didn’t hear back from them. Then I emailed my company’s LCA department and they replied back to me saying, I don’t have to pay $2k fee because my employer doesn’t fall under USCIS’s guildelines/requirements (min 50 employees in US and 50% or more on H1/L1).

        LCA sent me an email and another document stating the same which I need to carry to Mumbai consulate during my interview and I should be all good! So guys, the key is to email your LCA dept and get confirmation that your employer does not fall under USCIS’s requirement for border security act..

  4. Sujatha Mutuveer

    Hi Kumar,
    I am a H4 visa holder.
    1.I have applied for my H1 on 15th Oct 10.How long will it take to get sanctioned?
    2.And after I get the H1.Can I start a small business online?
    3.Yes/No.How do I go about it?
    4.Can I apply for Green Card directly?

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