Immigration News
May 2023 Fee Updates for Immigration Petitions
Step-by-step guidance on building a winning case with evidence examples and strategic considerations.
The immigration fee landscape in May 2023
USCIS and the State Department charge fees for virtually every stage of the immigration process, from USCIS petition filing fees through State Department visa application fees to the fees charged by U.S. Customs and Border Protection at ports of entry. For O-1 visa applicants and their employers, understanding the full fee landscape at each stage of the process is essential for accurate budgeting and for ensuring that applications are not delayed or rejected for non-payment of required fees. May 2023 represented a period of relative fee stability compared to the significant proposed fee rule that USCIS had been developing, which was not yet in effect.
The May 2023 USCIS fee schedule was established under the 2016 fee rule, which had not been substantially updated since. USCIS had proposed significant fee increases in a 2023 proposed rule that had not yet been finalized or implemented, meaning that petitioners filing in May 2023 were operating under the pre-increase fee schedule. Employers and practitioners preparing O-1 budgets for filings in the 2023-2024 period should verify the current fee schedule at time of filing using the USCIS fee schedule tool, as the proposed fee increases, if finalized, would substantially increase petition filing costs.
Beyond USCIS fees, the State Department charges a Machine Readable Visa fee for nonimmigrant visa applications, which is paid by the applicant rather than by the petitioning employer. This fee is separate from the USCIS petition fee and is required for consular processing — it does not apply to change of status cases that do not involve a consular appointment. Understanding which fees are employer obligations and which are applicant obligations is important for structuring the employment agreement and for ensuring that visa applicants are not surprised by fees that are not covered by the employer's immigration expense reimbursement policy.
I-129 base fees and supplemental charges
The I-129 Petition for Nonimmigrant Worker is the primary USCIS form for O-1 petitions. In May 2023, the base filing fee for the I-129 was $460 for employers with fewer than 25 full-time equivalent employees and $460 for larger employers as well — the same base fee applied regardless of employer size for O-1 petitions, unlike H-1B petitions which carry additional surcharges based on employer size and H-1B dependency status. Petitioners should verify that they are calculating the correct fee for the specific petition type and their employer category at the time of filing.
The Fraud Prevention and Detection fee of $500, originally enacted as part of the L-1 Visa Reform Act, applies to certain petition types including H-1B petitions but does not apply to O-1 petitions. The American Competitiveness and Workforce Improvement Act fee, which also applies to certain employer categories for H-1B petitions, similarly does not apply to O-1 petitions. This fee structure means that O-1 petition total fees are generally lower than H-1B petition total fees for comparable employers, which is one of the practical advantages of O-1 classification for employers comparing employment authorization pathways for senior professional hires.
An asylum program surcharge has applied to I-129 filings for certain petition types. Petitioners should verify the current surcharge amount and whether it applies to their specific O-1 petition filing at the time of submission, as surcharge applicability and amounts can change when USCIS updates its fee schedule. The surcharge, where applicable, is added to the base filing fee and must be included in the total payment submitted with the petition. Underpayment of the filing fee — including failure to include applicable surcharges — results in rejection of the petition package without substantive review.
Premium processing fee structure
The premium processing fee for O-1 petitions in May 2023 was $2,500, payable by the petitioner along with the base filing fee when premium processing is selected at the time of initial filing, or payable separately when adding premium processing to a pending petition. The premium processing fee is set by regulation and periodically adjusted; employers and practitioners should confirm the current premium processing fee at time of filing rather than relying on amounts cited in prior filings or publications. USCIS publishes the current premium processing fee in its fee schedule and in regulatory notices when adjustments are made.
The premium processing fee for I-129 O-1 petitions covers only the initial petition or extension; it must be paid separately for each filing for which premium processing is desired. An employer who files an O-1 initial petition with premium processing and subsequently files an extension does not receive premium processing on the extension filing without paying a new premium processing fee for the extension. This means that the total premium processing cost for a petitioner who uses premium processing for both an initial petition and a subsequent extension is the premium processing fee multiplied by the number of filings for which premium processing is selected.
The premium processing fee is submitted on Form I-907, Request for Premium Processing Service, which is filed concurrently with the I-129 or as a standalone filing to upgrade a pending petition. The I-907 must include the correct premium processing fee and must identify the petition for which premium processing is requested by receipt number, beneficiary name, and petition type. An incorrect fee or a missing I-907 will result in the premium processing request being rejected or returned, which delays the premium processing timeline and may require refiling. Confirming the I-907 completeness before submission avoids these procedural delays.
Consular and visa application fees
The State Department's Machine Readable Visa fee for nonimmigrant visa applications — including O-1 visas — was $185 in May 2023 for most nonimmigrant visa categories. This fee is paid by the visa applicant at the time of scheduling the consular appointment through the State Department's visa appointment scheduling platform. The MRV fee is non-refundable and does not carry over to a new application if the original application is abandoned or if the applicant does not appear for the scheduled appointment. Applicants who need to reschedule appointments should verify whether a new MRV fee is required for the rescheduled appointment.
Certain nationalities are subject to reciprocity fees in addition to the MRV fee, based on fees charged by those countries to U.S. citizens applying for equivalent visas. Reciprocity fees are country-specific and are published on the State Department's website. For O-1 applicants from countries with significant reciprocity fees, the total consular cost can substantially exceed the MRV fee alone. Employers whose immigration reimbursement policies cover only the MRV fee may need to update their policies if the relevant employee's nationality subjects them to substantial reciprocity fees that the employee would otherwise bear out of pocket.
SEVIS fees — Student and Exchange Visitor System fees — apply to F and J visa applicants but do not generally apply to O-1 applicants or their dependents. The O-2 visa, available to essential support personnel who accompany an O-1 artist or entertainer, has the same MRV fee structure as the O-1 visa and may carry reciprocity fees for the O-2 applicant's nationality. Employers who are bringing a team of O-1 and O-2 applicants should budget for the full fee structure for each applicant individually, including any nationality-specific reciprocity fees, rather than assuming that the O-1 petitioner's fee structure applies to all members of the team.
Fee waivers and exemptions
USCIS fee waivers are available for certain immigration benefit requests under specific statutory or regulatory authority, but they are not generally available for employer-filed I-129 O-1 petitions. The fee waiver provisions that exist primarily cover humanitarian categories and certain applications filed by nonprofit or charitable organizations on behalf of petitioners who qualify under specific statutory criteria. Employers considering whether to request a fee waiver for an O-1 petition should consult with their immigration attorney, who can assess whether any applicable statutory waiver authority applies to the specific filing.
Nonprofit organizations that file O-1 petitions on behalf of O-1 artists or performers may benefit from reduced fees in certain circumstances. USCIS has established reduced fee provisions for certain nonprofit educational, cultural, or arts organizations that petition for O-1 beneficiaries in connection with the organization's educational or cultural mission. Organizations considering reliance on a reduced fee provision should verify their eligibility with their immigration attorney before filing, as the eligibility criteria are specific and the organization must demonstrate that it qualifies under the applicable statutory provision.
The fee exemption for O-1 petitions that transfer from one petitioner to another when the beneficiary changes employers is less straightforward than some practitioners expect. A new employer who files a new I-129 to employ an O-1 beneficiary currently employed by another petitioner must pay the full filing fee for the new petition; the prior petition's filing fee does not carry over. However, if the new employer files a concurrent petition that allows the beneficiary to begin work for the new employer while the petition is pending, the filing strategy should account for the fee and processing timeline for the new petition separately from the existing approved petition.
Budgeting for a complete O-1 immigration process
A complete O-1 immigration budget for a new hire should account for: the USCIS I-129 base filing fee; the premium processing fee if used; the attorney fee for petition preparation and filing; the State Department MRV fee if consular processing is required; any applicable reciprocity fees for the beneficiary's nationality; travel expenses for the consular appointment if the post is not in the beneficiary's current location; and the I-94 record correction fee if an I-94 error occurs at the port of entry. Each of these components is a separate payment to a separate government or service provider, and the total budget should account for all of them.
Attorney fees for O-1 petition preparation vary substantially based on the complexity of the petition, the attorney's experience level, and the geographic market. Experienced O-1 attorneys at major U.S. law firms typically charge $3,000-$7,000 or more for a complete O-1 petition preparation and filing, with the higher end reflecting more complex evidence records that require more attorney time. Employers who use flat-fee attorney arrangements should verify that the flat fee includes all phases of the petition process, including RFE responses if an RFE is received, or should understand what additional charges apply if the petition requires more work than anticipated.
The total cost of an O-1 petition process for a single hire, including government fees, attorney fees, and related costs, typically ranges from $5,000 to $15,000 or more depending on the specific factors involved. Employers who are comparing the cost of O-1 classification to the cost of H-1B sponsorship should account for the lottery risk in H-1B — which may require multiple filing years before a cap-subject H-1B is selected — as a cost factor alongside the per-filing fee comparison. For senior technical or creative hires who are H-1B lottery-exempt or who require the certainty of O-1 classification, the total cost comparison often favors O-1 despite the higher per-filing cost.