Updates on USCIS Processing of H-1B1 Petitions

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Below are two major updates regarding the USCIS Processing of H-1B1 Petitions in the U.S.  Note that these updates pertain only to I-129 petitions filed with USCIS.  In other words, these do not apply to H-1B1 visa applications done directly at the U.S. Embassy in Singapore where USCIS is not involved.  I compare USCIS processing versus US Embassy processing in a previous blog post here.

1. USCIS Online Filing Now Available

Firstly, as of April 1, 2024, USCIS allows H-1B1 employers to file H-1B1 I-129 petitions online using their MyUSCIS account at https://my.uscis.gov/.

Nevertheless, H-1B1 employers can still choose to utilize the traditional paper filing method with USCIS, which is totally fine.

To reiterate, we are talking about petitions filed with USCIS here.  If a Singaporean were to apply for an H-1B1 visa directly at the U.S. Embassy in Singapore, then there is no need to go through USCIS at all.

Note: the USCIS online filing system currently does NOT have the capability to process concurrent applications for H-4 dependents filed with the principal's H-1B1 petition.  For instance, in a situation where an H-1B1 extension of stay in the U.S. is sought via an I-129 petition AND an extension of status is also sought for an H-4 dependent (e.g. spouse) via a concurrent 539 application, an online filing would not be possible.  In such an instance, paper filing for the concurrent I-129 H-1B1 petition and I-539 H-4 application is the only option.  

2. New USCIS Filing Fees

Secondly, as of April 1, 2024, USCIS has effectively increased its filing fees for I-129 petitions filed by companies by having higher fees for larger companies and adding a new type of fee called the Asylum Program fee (to fund government costs associated with asylum processing even though I-129 petitions do not deal with asylum cases at all).  The new USCIS filing fees are summarized as follows.

For Companies:

For a company with 25 or less employees (including those employed by the company's subsidiaries and affiliates)

USCIS I-129 filing fee: $460 (Regardless of paper filing or online filing)

USCIS Asylum Program fee: $300

USCIS ACWIA fee: $750

Total: $1510

For a company with over 25 employees (including those employed by the company's subsidiaries and affiliates)

USCIS I-129 filing fee: $780 (Paper filing) or $730 (Online filing)

USCIS Asylum Program fee: $600

USCIS ACWIA fee: $1500

Total: $2880 (Paper filing) or $2830 (Online filing)

Note:  Employees here refer to full-time equivalent employees (which in turn equals to the number of full-time employees plus the number of part-time employees aggregated to full-time equivalents). 

For Non-Profits:

For a Non-profit with 25 or less employees (including those employed by the Non-profit's subsidiaries and affiliates)

USCIS I-129 filing fee: $460 (Regardless of paper filing or online filing)

USCIS Asylum Program fee: $0

USCIS ACWIA fee: $750

Total: $1210

For a Non-profit with over 25 employees (including those employed by the Non-profit's subsidiaries and affiliates)

USCIS I-129 filing fee: $460 (Regardless of paper filing or online filing)

USCIS Asylum Program fee: $0

USCIS ACWIA fee: $1500

Total: $1960

Note:  Employees here refer to full-time equivalent employees (which in turn equals to the number of full-time employees plus the number of part-time employees aggregated to full-time equivalents). 

These USCIS filing fees only apply to petitions filed with USCIS.  If you were to apply for an H-1B1 visa directly at the U.S. Embassy in Singapore, you do NOT need to go through USCIS.

Accordingly, the USCIS fee adjustment imposed by USCIS (and how they are now structured in a potentially more confusing manner) is perhaps now another factor in favor of applying for an H-1B1 visa directly with the U.S. Embassy in Singapore. 

Disclaimer:  This blog post is for informational purposes only and does not constitute legal advice.