New USCIS Filing Fees Effective February 26 for H-2 Programs

USCIS will be increasing the filing fees for H-2 petitions filed on or after February 26, 2024, as follows:

H-2B I-907 Premium Processing Fee

Filing fee increases from $1,500 to $1,685 for all H-2B I-129 petitions filed with Premium Processing postmarked on or after February 26, 2024. In addition, as of April 1, 2024, petitions filed with Premium Processing will be adjudicated within 15 business days, rather than 15 calendar days.

H-2 I-129 Petitions

New filing fees will be effective for all H-2 I-129 petitions postmarked on or after April 1, 2024, according to the following schedule:

View table

* If requesting reduced filing fees due to being defined as a small employer (25 or less FTEs), UCSCIS will require that the first page of the most recent IRS Form 941, Employer’s Quarterly Federal Tax Return be filed with the I-129 petition. PLEASE WORK WITH YOUR FREDRIKSON H-2 ATTORNEY TO DETERMINE THE TIMING OF THE FILING OF YOUR I-129 PETITION IF YOUR FTE WORKFORCE IS FEWER THAN 25 WORKERS DURING CERTAIN IRS FILING QUARTERS.

** Named H-2B I-129 petitions are limited to 25 beneficiaries per petition. If requesting more than 25 named beneficiaries, multiple I-129 petitions will need to be filed.

If you will be filing an I-129 petition on or after April 1, 2024, please provide us with the number of employees who received wages, tips or other compensation for the pay period, as is noted on the most recent IRS Form 941, Employer’s Quarterly Federal Tax Return in Part 1, Question 1.

Please also refer to the USCIS FAQ on the Fee Rule.

If you have questions, please contact your Fredrikson H-2 Team Members.