New USCIS Asylum Fee for Employment-Based Petitions: April 1, 2024 Update

Introduction

In April 2024, the United States Citizenship and Immigration Services (USCIS) introduced a new Asylum Program Fee for employment-based petitions] to be paid when filing Form I-129 nonimmigrant worker petitions, and Form I-140 immigrant visa petitions, with a reduced fee for small employers and an exemption for nonprofit organizations. 

The goal of the new USCIS Asylum Fee for employment-based petitions is to support the asylum program and reduce the backlog of asylum applications. This will allow USCIS to decrease the application processing times and dedicate additional resources to adjudicate employment-based petitions. 

We remind our readers that while this article provides valuable insights and generalized information about the USCIS Asylum Fee, it does not constitute legal advice. For personalized assistance with your immigration needs, please consult an immigration attorney. If you want to speak with our lawyer, our customer care representative will happily arrange a call.

Overview of the New USCIS Asylum Program Fee

What is the New USCIS Asylum Program Fee?

Before April 2024, USCIS did not require a separate new asylum program fee in addition to form filing fees; however, this was recently implemented to address the costs of asylum processing and reduce the backlog of asylum applications. 

Who needs to pay the Asylum Program Fee?

The new USCIS Asylum Program fee applies to employers who file certain employment-based petitions. Generally, employers must pay this fee when submitting the following forms: 

• Form I-129: Petition for a Nonimmigrant Worker
• Form I-140: Immigrant Petition for Alien Worker

In most cases, the petitioning employer will be responsible for paying the Asylum Program Fee for each I-129 form filed unless they qualify for specific exceptions, as outlined below. 

How much is the Asylum Program Fee?

Petitioners (U.S. employers) with more than 25 full-time equivalent (FTE) employees must pay an Asylum Program Fee of $600 for each I-129 and I-140 form. Petitioners (U.S. employers) with 25 or fewer FTEs must pay a discounted fee of $300. Nonprofit organizations, as defined by Internal Revenue Code Section 501(c)(3), are not subject to the fee.

If you are a self-petitioner, you must pay the reduced Asylum Program Fee of $300 when filing Form I-140 as an EB-1A noncitizen of extraordinary ability or as an EB-2 with a national interest waiver. 

To better understand the Asylum Program fee structure, here is a breakdown:

Please note: the new USCIS Asylum Program Fee is separate from other USCIS filing fees associated with filing Form I-129, Form I-129CW, Form I-140, and any associated Form I-907 Request for Premium Processing Service. When researching visa processes, employers and/or applicants should consider the costs associated with filing employment-based petitions in addition to the new asylum fee. The new asylum fee is a considerable change in the USCIS fee structure and impacts employers in various industries that rely on foreign employees. 

Small Employer Discounts

As previously outlined, the USCIS has factored in specific considerations to lessen the financial restraint for different organizations. This means there is a reduced fee for small employers filing Form I-129, or Form I-140. USCIS considers a small employee an entity with 25 or fewer full-time equivalent (FTE)  employees. 

As a result, small employers pay $300 instead of the total $600 – a 50% discount on the standard Asylum Program Fee. To determine if an organization may qualify for the small employer discounts, the USCIS looks at the following criteria: 

• The number of full-time equivalent employees at the time of filing
• All current workers, regardless of immigration status
• Seasonal nonimmigrant workers paid as employees
• Employees of affiliates and subsidiaries in the United States

Please note that the IRS defines an employee as an individual who receives “wages,” with applicable taxes deducted and Social Security and unemployment deductions, and receives a W-2 reporting their income.   

Nonprofit Exemptions

Whereas small employers receive a discount on the new USCIS Asylum Program fee, nonprofit organizations are entirely exempt from paying the Asylum fee. 

To qualify, the nonprofit organization must be either:

• Organized as tax-exempt under the Internal Revenue Code section 501(c)(3), 26 U.S.C. 501(c)(3);
• A governmental research organization (as defined under 8 CFR 214.2(h)(19)(iii)(C));
• A not-for-profit primary or secondary educational institution or
• A not-for-profit institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a)).

How to Qualify for the New Asylum Program Fee Discounts

To demonstrate that your organization is either a large employer, a small employee, or a nonprofit organization, employers must provide documentation to support their eligibility. Here are the general steps to take: 

1. Determine your organization’s status:

• Large employer (more than 25  FTE employees)
• Small employer (25 or fewer FTE employees)
• Nonprofit organization
• Self-petitioner (on Form I-140)

2. Gather Evidence:

• For large employers and small employers: possible evidence includes a copy of the petitioner’s most recent IRS Form 941, Employer’s Quarterly Federal Return; or IRS Form 943, Employer’s Annual Tax Return for Agricultural Workers; or any other relevant evidence that shows the number of full-time equivalent employees by a preponderance of the evidence. 
• For nonprofits: Provide either a Nonprofit Determination Letter from the IRS or a copy of a currently valid IRS tax exemption certificate

3. Include the relevant documents with your petition:

• When filing Form I-129, Form I-129CW, or Form I-140, attach the applicable supporting evidence to demonstrate eligibility for the reduced fee or exemption and include. 
• If you are filing these forms by mail, you may pay the Asylum Program fee by check or money order and submit the Fee separately. 

4. Know what the correct fee is:

• Large employers (more than 25 FTEs): $600
• Small employers (25 or fewer FTEs): $300 
• Self-Petitioners of I-140: $300
• Nonprofits: $0 for the Asylum Program Fee

Please note that while this article provides general information about the new Asylum Program Fee, this is not legal advice. If you want to speak with our lawyer, our customer care representative will happily arrange a call.

The various changes in the USCIS fee structure work to support operating costs and reduce the backlog of applications. However, the increased fees may pose financial challenges for applicants and employers. The asylum fee allows nonprofits and smaller organizations to take advantage of reduced fees and exemptions. 

Conclusion

The new USCIS Asylum Program Fee significantly changes the application process for petitioners of Form I-129, Form I-129CW, and Form I-140. It impacts employers filing these applications on behalf of foreign workers and self-petitioners of the EB-1A and EB-2 national interest waiver categories. 

However, employers and workers will benefit in the long run, considering that the fee increase will lead USCIS to provide greater resources for employment-based applicants and create more efficient processing times. With these new Asylum Program fees, employers and their workers must stay informed of the new fees and plan their filings accordingly.