USCIS Reminder: Ensure Correct Fees for Employment-Based Petitions

On April 29, 2024, the United States Citizenship and Immigration Services (USCIS) issued a reminder to certain employment-based petitioners to submit the correct required fees. This update aims to clarify the process and avoid potential delays or rejections.

*What's Changing?*

As part of the USCIS Fee Rule, which was implemented in 2020, fees for certain employment-based petitions have been adjusted. The rule affects petitioners filing Form I-140, Immigrant Petition for Alien Worker, and Form I-129, Petition for a Nonimmigrant Worker.

*Who's Affected?*

This reminder specifically targets petitioners filing for the following categories:

- EB-1, EB-2, and EB-3 immigrant visas
- H-1B, L-1, O-1, and TN nonimmigrant visas

*What Are the Correct Fees?*

To ensure a smooth application process, petitioners must submit the correct fees, which vary depending on the specific category:

- Form I-140: $725 (base fee) + $600 (premium processing fee, if applicable)
- Form I-129: $460 (base fee) + $1,440 (premium processing fee, if applicable)

*How to Submit the Correct Fees*

To avoid errors, petitioners should:

1. Review the USCIS Fee Rule and updated FAQs for the most current information.
2. Ensure accurate calculation and payment of fees.
3. Include the correct fee amount with the petition submission.

*Consequences of Incorrect Fees*

Failure to submit the correct fees may result in:

- Delayed processing
- Rejection of the petition
- Additional fees for re-submission

*Stay Informed*

To stay up-to-date on the latest USCIS fee requirements and policies, visit the official USCIS website and consult the updated FAQs on the USCIS Fee Rule.

By following this reminder and ensuring accurate fee submission, employment-based petitioners can avoid unnecessary delays and ensure a smoother application process.

All questions below and credit goes to uscis.gov and you can visit www.visatoresidency.com  to file your application toward the petitioner’s parent or its affiliates’ parents.

Q. What proof is needed to show the number of full-time equivalent employees?

A. The instructions for Forms I-129 and I-140 state that possible evidence includes a copy of the petitioner’s most recent IRS Form 941, Employer’s Quarterly Federal Return; or IRS Form 943, Employer’ Annual Tax Return for Agricultural Workers. However, petitioners may submit any relevant evidence that shows the number of full-time equivalent employees by a preponderance of the evidence.

Q. Because the IRS Form 941 includes salary information, can petitioners redact this information for privacy reasons?

A. Yes. Such redaction is permissible when the evidence is only to support eligibility for a reduced fee and the redacted information is not otherwise relevant to the adjudication.

Q. What additional information or evidence should a petitioner submit if they employ fewer full-time equivalent employees than the number of employees listed on IRS Form 941 or 943?

A. Petitioning employers may submit any relevant evidence to show their actual number of full-time equivalent employees and must establish that number by a preponderance of the evidence. The petitioning employer should explain why the actual number of full-time equivalent employees differs from the number on their Form 941 or Form 943.

Q. For H-2A petitions filed by a U.S. agricultural producer association that is named as a joint employer on the temporary labor certification, would each joint employer have to submit evidence of their number of full-time equivalent employees with the Form I-129? Or just the association?

A. The fee reduction for small employers is based on the number of full-time equivalent employees of the petitioning employer. This employee count does not involve joint employers listed on the temporary labor certification unless they are affiliates or subsidiaries of the petitioner. 

Q. Will petitioning employers that use a professional employer organization (PEO) still be subject to the full Asylum Program Fee even if the petitioning company has 25 or fewer employees?

A. Petitioning employers who outsource certain functions through a PEO should not count the PEO’s full-time equivalent employees in determining whether the petitioner qualifies as a small employer. However, in the absence of a Form 941, the petitioner must submit alternate documentation to confirm how many full-time equivalent employees they currently employ.

More Information

You can find additional filing fee information by visiting our G-1055, Fee Schedule and Frequently Asked Questions on the USCIS Fee Rule pages.