Visa Lawyer Blog
Recently, the U.S. Citizenship and Immigration Services (USCIS) published guidance to help petitioners of Form I-140, Immigrant Petition for Alien Workers submit the correct filing fee payment when submitting their applications with USCIS.
Since USCIS increased its filing fees in April and implemented a new asylum program fee of $600 for employment-based petitioners filing I-140, it has been rejecting a very high number of petitions due to incorrect fees and missing information.
USCIS reminds all petitioners of Form I-140 that they must provide a payment for the $600 asylum program fee, unless they qualify for a reduced fee of $300 (small employers with 25 or fewer full-time employees), or are exempt from the asylum program fee (nonprofit organizations).
Petitioners who do not provide the correct asylum program fee and the appropriate I-140 filing fee may have their cases rejected.
Additionally, petitioners must provide correct responses on Part 1 for questions 5 and 6 of Form I-140 notifying USCIS whether they qualify for a reduced fee. This portion of the form cannot be left blank.
Petitioners who fail to provide the correct payment with the I-140 petition, or who do not provide a response for questions 5 and 6 in Part 1, may have their cases rejected.
USCIS has published the following guidance on how to complete questions 5 and 6 and determine the correct payment.
| Petitioner Type | In Part 1 of the I-140 Question 5 | In Part 1 of the I-140 Question 6 | Asylum Program Fee | Filing Fee | Total Payment |
|---|---|---|---|---|---|
| Non-profit or Small Business | |||||
| A nonprofit business, institution, or government research organization. | Yes | Yes or No | $0 | $715 | $715 |
| A small business or organization employing 25 or fewer full-time employees in the United States | No | Yes | $300 | $715 | $1,015 |
| Individual Self-Petitioner | |||||
| A self-petitioner employing 25 or fewer (or zero) full-time employees in the United States | No | Yes | $300 | $715 | $1,015 |
| All Other Petitioners | |||||
| All petitioners who do not qualify for a reduced Asylum Program Fee and answer “No” to both questions 5 and 6. | No | No | $600 | $715 | $1,315 |
I-140 Filing Fee Guidance
USCIS requests that I-140 petitioners provide separate payments for the $715 filing fee and the Asylum Program Fee, using the same type of payment, either check/money order or Form G-1450 to pay with a credit card. Packages filed with more than one type of payment may be rejected.
Petitioners should also review the FAQ section discussing the new USCIS filing fees in subsection “Employment-Based Forms and Fees” for further guidance.
