New USCIS Fee Rule: Understanding the $600 Asylum Program Fee

As of April 1, 2024, the U.S. Citizenship and Immigration Services (USCIS) introduced a new fee structure aimed at supporting the asylum program. The key change is the introduction of a $600 Asylum Program Fee for employers filing certain petitions. In this blog, we'll break down the details of this new fee and its implications for employers.

*Which Forms are Affected?*

The new fee applies to employers filing the following forms:

- Form I-129 (Petition for Nonimmigrant Worker)
- Form I-129CW (Petition for CNMI Transitional Worker)
- Form I-140 (Immigrant Petition for Alien Worker)

*Who Pays the Fee?*

The $600 Asylum Program Fee is mandatory for employers filing the above forms, unless they are exempt. Nonprofit organizations are exempt from paying this fee.

*Small Employer Discount*

Small employers with 25 or fewer full-time equivalent employees are eligible for a reduced fee of $300. To qualify, petitioners must provide evidence of their employee count, such as IRS Forms 941/943. Note that seasonal workers and current beneficiaries employed as employees are included in the full-time equivalent calculation.

*Additional Discounts for Small Employers*

Small employers filing Forms I-129 and I-129CW also receive up to a 50% discount on the form filing fees.

*Fee Schedules*

The updated fee schedules can be found in Form G-1055.

The new USCIS fee rule aims to support the asylum program, and employers must comply with the new fee structure. While nonprofits are exempt, small employers can benefit from reduced fees by providing evidence of their employee count. Understanding these changes is crucial for a smooth application process. If you have any questions or concerns, consult the official USCIS resources or seek professional advice.