Immigration Law Updates in 2024

Updates to the material found in Nolo's books on immigration law.

By , J.D. · University of Washington School of Law

Here's what's happening in the year 2024 with respect to U.S. immigration law. These updates focus in particular on matters described in Nolo's various books on immigration law.

USCIS Raises Fee for Premium Processing of Certain Applications, Effective February 26, 2024

U.S. Citizenship and Immigration Services (USCIS) has announced it will be raising the premium processing fee paid by certain applicants to guarantee quick USCIS processing (and avoid the inevitable backlogs of normal processing). The fee is in addition to the regular application fees charged by USCIS and the Department of State for visa and green card processing.

For example, many employers are willing to spend a large extra sum for 15-day processing of the forms used to hire non-U.S. workers either on a temporary or permanent basis. And premium processing is also available to some students and nonimmigrant visa holders seeking a change or extension of status.

In justifying this change, USCIS points to inflation as per the Consumer Price Index for all Urban Consumers, and notes that it raised the fee last year, as well.

Here is the full table of adjusted fees:

Form Previous Fee New Fee
Form I-129, Petition for a Nonimmigrant Worker

$1,500 (H-2B or R-1 nonimmigrant status)

$2,500 (All other available Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2))

$1,685 (H-2B or R-1 nonimmigrant status)

$2,805 (All other available Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2))
Form I-140, Immigrant Petition for Alien Worker $2,500 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW)) $2,805 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW))
Form I-539, Application to Extend/Change Nonimmigrant Status $1,750 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2) $1,965 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2)
Form I-765, Application for Employment Authorization $1,500 (Certain F-1 students with categories C03A, C03B, C03C) $1,685 (Certain F-1 students with categories C03A, C03B, C03C)

To find out more about whether premium processing could make a difference in your application for a U.S. work visa or green card, see Timeline for Sponsoring an Immigrant Worker for a Green Card and How Long It Takes to Get an H-1B Visa Petition Approved.

To avoid paying the higher fee, make sure USCIS receives your petition before the February 26, 2024 effective date.

DHS Institutes USCIS Application Fee Changes Effective April 1, 2024

The Department of Homeland Security (DHS) oversees the agency that processes most U.S. requests, namely U.S. Citizenship and Immigration Services (USCIS). And USCIS charges fees to review and decide on various petitions and applications, such as for U.S. green cards and citizenship.

DHS regularly updates those fees, usually in an upward direction. This latest update, announced in January of 2024, is no exception; though a few fees were actually lowered. Some were also simplified, so as to bring the biometrics services (fingerprinting) fee within the main fee. And in many cases, applicants can take advantage of a $50 discount on the fee by filing online instead of on paper. (Unfortunately, many people attempting to use USCIS's online filing system have found it so riddled with glitches that the higher price to file a paper form becomes worthwhile.)

In a bit of good news, no new fee was added for asylum applications (Form I-589), though employers of immigrants will be required to pay an asylum surcharge to help fund this program. And most fees were removed for applicants in humanitarian relief categories, such as VAWA (for victims of abuse) and T and U visas (for victims of trafficking or crime).

Here are some of the changes likely to affect the most people:

  • The fee for an I-485, Application to Register Permanent Residence or Adjust Status, went up to $1,440 for adults. If you also want a work permit (I-765) and an Advance Parole travel document (I-131), you will need to pay separate fees. For the work permit, however, adjustment applicants will pay a discounted (half price) fee of $260.
  • The fee for Form I-90, used to renew or replace a green card, actually went down, to $415 for online filings and $465 for paper filings.
  • The fee for the Form I-539 Application to Extend/Change Nonimmigrant Status, went down for people who need fingerprinting (but up for those who don't). It is now $420 for applicants who file online and $470 for those who file on paper.
  • The fee for a Form N-400, Application for Naturalization, is now $710 for online filers and $760 for those filing by paper submission.
  • The biometrics (fingerprinting) fee for TPS applicants was lowered to $30.

For the full table of fee changes, go to the USCIS website's page of FAQs on this topic.

Biden Announces DED Protection for Palestinians in the United States

On February 14, 2024, President Biden took steps to protect Palestinians who were physically within the United States from having to return home and face Israel's ongoing military action, by designating them for Deferred Enforced Departure (DED). This designation will last for 18 months, until August 13, 2025, unless extended.

Unlike with the similar and more often used Temporary Protected Status (TPS) program, there is no DED application form. It's not considered an immigration "status" in the United States, and it won't lead to any permanent status (such as a green card). Qualifying Palestinians will, however, be immediately protected from deportation, and can apply for employment authorization (using USCIS Form I-765) and travel authorization with which to leave and return (using USCIS Form I-131).

Not all Palestinians will qualify for DED, however. They must not be inadmissible to the United States or otherwise barred by criminal, security, terrorism, public safety, or related grounds. (USCIS will check fingerprints, during a required biometrics appointment.) Also, they must not be barred on certain of the grounds that affect asylum seekers, such as persecution of others and conviction of a serious non-political crime prior to arrival in the United States.

The U.S. Federal Register notice covering Palestinian DED provides further details and instructions on how and where to submit the travel and work permit applications, and what fees must be paid (unless you qualify for a fee waiver). The I-765 work permit application is fairly easy to fill out, but be sure to enter "(a)(11)" in response to Question 27 regarding eligibility category.

New N-400 Issued April 1, 2024 (With Third Gender Option!) Along With New Fees

The form to use in applying for naturalized U.S. citizenship, Form N-400, got a significant overhaul by USCIS recently. If you've been working on the old paper version of the form, you can submit it only through June 2, 2024.

The most notable changes on the latest form N-400 version include:

  • An option other than "male" or "female" for gender. It's called "another gender identity."
  • Removal of the question about what groups or organizations applicants belong to (which caused confusion because, while membership in a religious organization or the like could be looked upon as a sign of good moral character, membership in groups seen as affiliated with terrorism and the like would have the opposite effect).
  • Removal of a section for older applicants, in which they could advise USCIS of a wish to take an age-related, easier version of the English language test that is part of the naturalization exam; and ask to take an easier version of the civics exam, if age 65 or older. Until further guidance comes out, your best bet is to alert USCIS via a cover letter.
  • Removal of a section for disabled applicants, in which they could ask USCIS to make accommodations (something to make the interview less difficult for you) based on disability. Examples include requesting a sign-language interpreter, wheelchair access (legally required regardless, but it's still best to warn USCIS that you'll be coming), or whatever else will help you get through the exam (accompaniment by a nursing aide, perhaps, or a shortened waiting time, or even an in-house or in-hospital visit from USCIS, though it grants these only rarely). Now, instead of making these requests on Form N-400, you'll need to contact USCIS directly, through its online portal.

For more information, see articles on the Application Process for Naturalized Citizenship.

Medical Exam Results on Form I-693 Will No Longer Expire

U.S. Citizenship and Immigration Services has announced that, so long as a medical evaluation on Form I-693, Report of Immigration Medical Examination and Vaccination Record has been properly completed and signed by a civil surgeon on or after Nov. 1, 2023, it will not expire. In other words, applicants for adjustment of status and other benefits can use it for an indefinite amount of time as evidence that they applicant are (hopefully) not inadmissible to the United States on health grounds. (See How Health Issues Can Make You Inadmissible to the U.S.)

That said, if USCIS observes or learns of something that casts those results into doubt, it can request that the applicant supply more evidence or obtain a new or updated Form I-693.