On January 31, 2024, the United States Citizenship and Immigration Services (USCIS) issued a Final Rule, which will impact the filing fees for many petitions, including H-2A petitions. Fees to file petitions will go up dramatically. The new fees will be effective April 1, 2024.

Under the Final Rule, for employers with 26 or more full time employees, the filing fee for unnamed H–2A workers will be increasing from $460 to $530 per petition (15 percent increase) and the filing fee for named H–2A workers will be increasing from $460 to $1,090 per petition (137 percent increase), with a maximum of 25 named workers per each H–2A petition. However, for petitioners with 25 or fewer employees and nonprofits, the filing fee for unnamed H–2A workers will remain unchanged at $460 and the filing fee for named H–2A workers will be increasing from $460 to $545 per petition (18 percent increase).

In addition, the rule includes a new Asylum Program Fee of $600 that all employers pay if they file a Form I-129, Petition for a Nonimmigrant Worker, which is used in all H-2A and H-2B cases.

Western Growers H-2A Services provides exclusive savings and proven results to members, offsetting the increased costs of I-129 petitions. For more information, call 877-942-4529.