USCIS is making some changes to its filing fees for nearly all immigration benefits, and making (positive!) changes to its popular H-1B lottery program.  We’re here to guide you through the changes and how they impact future USCIS applications and services.

New H-1B Lottery Selection Process:

Background: H-1B is the most popular temporary work status for foreign professionals. H-1B status also paves the way for Green Card eligibility. Foreign nationals with a job or job offer in the U.S. may be eligible to apply for H-1B status. In March, we can register candidates for the H-1B lottery. Once an applicant is registered, they are subject to a random selection process conducted by USCIS at the end of March. Registrants who are selected in the lottery are eligible to file H-1B petitions beginning April 1, 2024. U.S. employers should contact our office now to register their candidates and employees for the H-1B lottery.

New Rule: Because there are great benefits to H-1B status, the annual lottery is competitive.  Starting this year, the government will make the selection process fairer to employers and employees, which will increase the odds of lottery selection.  Each H-1B candidate will have one chance of selection in each round of the lottery, even if multiple employers submit registrations for the candidate.  In other words, the government will run the lottery based on the person registered, not the employer(s) who registered them.  This change is meant to stop registrants from gaming the system, which could leave H-1B visa numbers unused.

Last Year for Low-Cost H-1B Registration Fee:

The government fee to register one employee for selection in the H-1B lottery is currently $10.  Next year, the government fee will increase to $215 per employee.  We encourage employers to take advantage of the low $10 lottery entry fee now, because you’re unlikely to see this discounted rate again!

Employers interested in submitting registrations are encouraged to contact us by 02/15/2024. Our team’s considerable experience with the H-1B lottery will make the process as smooth as possible for both employers and employees.

New USCIS Filing Fees:

Also new in 2024 are changes to the government filing fees for most immigration benefits.  Starting April 1, 2024, new government filing fees will be required for nearly all applications.  Many government filing fees will increase, while a few will decrease.  USCIS says the new fee adjustments will improve processing times and service, and help USCIS tackle the backlog caused by COVID-19.

USCIS’s last attempt to change application filing fees was blocked by a lawsuit.  If this happens again, the new fees could be delayed or tweaked, depending on how things play out in court. There is no impact on government fees to the Department of State for travel visas or the Department of Labor.

We will notify current clients when the new government filing fee is needed for their specific cases.