| On January 30, 2024, a final rule was published to adjust certain immigration and naturalization benefit request fees for the first time since 2016. This final rule will go into effect on April 1, 2024. You may access the final rule in the Federal Register.
Changes in the rule for H-2A and H-2B flings:
- Establishing separate fee for Form I-129, Petition for a Nonimmigrant worker, by nonimmigrant classification
- Limiting the number of named beneficiaries per petition to 25 (unnamed petitions do not have limit)
- Revising the premium processing 15-day timeframe interpretation from calendar days to business days
- Defining small employers as having 25 or fewer full-time equivalent employees.
NEW Fee Schedule Table
| I- 129 H2A |
|
|
|
Current Fee |
NEW Fee |
| Named Beneficiaries |
$460 |
$1,090 |
| Named Beneficiaries (small employers & nonprofits) |
$460 |
$545 |
|
|
|
| Unnamed Beneficiaries |
$460 |
$530 |
| Unnamed Beneficiaries (small employers & nonprofits) |
Remain at $460 |
|
| I-129 H2B |
|
|
|
Current Fee |
NEW Fee |
| Named Beneficiaries |
$460 |
$1,080 |
| Named Beneficiaries (small employers & nonprofits) |
$460 |
$540 |
|
|
|
| Unnamed Beneficiaries |
$460 |
$580 |
| Unnamed Beneficiaries (small employers & nonprofits) |
Remain at $460 |
|
In addition, the new rule includes an Asylum Program Fee, to support the asylum program and cover some of the costs associated with asylum processing; for each Form I-129, Petition for a Nonimmigrant Worker that is filed, the employer must pay:
ASYLUM FEE
|
|
| Employers |
$600 |
| Small Employers |
$300 |
|
