In early 2024 USCIS updated most filing fees, which had remained static since 2016 in order to account for inflation. Prior this, USCIS charged a flat fee for each I-140 filing.
The new I-140 fees consist of a $715.00 filing fee and a variable Asylum Program fee. Generally, the Asylum Program fee is $600.00. USCIS clarified that every employer is subject to the $600.00 Asylum Program fee unless qualified for an exemption. If qualified for an exemption, a petitioning employer may be required to pay a reduced Asylum Program fee of $300.00. In limited circumstances, the Asylum Program fee may be waived entirely. Eligibility for these exemptions are self-assessed based on the answers to two particular questions on the form. However, if a case is submitted with the wrong fees, whether too much or too little, USCIS will reject the case. Due to a lack of clarity, many petitioners submitted the wrong Asylum Program fee amount and the cases were rejected. As a result, USCIS has provided clarification on the new Asylum Program fee.
To qualify to pay the $300.00 reduced fee, the petitioning employer must be “a small business or organization employing 25 or fewer full-time employees in the United States” or “a self-petitioner employing 25 or fewer (or zero) full-time employees in the United States”.[1] In order to qualify for a waiver of the Asylum Program fee, the petitioning employer must be “a nonprofit business, institution, or government research organization”.[2] Petitioners who do not meet one of the above exemptions must pay the full Asylum Program fee of $600.00.
To combat the recent increase in rejections, USCIS also reminded petitioners that all required form fields must be completed, including the fields relating to the new Asylum Program fee. Additionally, USCIS re-stated that payments may not be combined. This means that petitioners must provide one payment for the filing fee of $715.00 and a separate payment in the appropriate amount for the Asylum Program fee.
The complete USCIS alert can be found at: Guidance on Paying Fees and Completing Information for Form I-140, Immigrant Petition for Alien Workers | USCIS
[1] Guidance on Paying Fees and Completing Information for Form I-140, Immigrant Petition for Alien Workers | USCIS
[2] Id
Written by Ciara Melville.
