Navigating USCIS Fee Rules: A Guide for Employment-Based Petitioners

In the complex world of U.S. immigration, ensuring compliance with United States Citizenship and Immigration Services (USCIS) fee requirements is paramount for employment-based petitioners. USCIS has recently updated its Frequently Asked Questions (FAQs) section regarding the USCIS Fee Rule. This blog post aims to clarify the new and existing FAQs to help employers and organizations accurately submit their filing fees and avoid rejections due to incorrect payments.

New FAQ: Ensuring Correct Fee Submission

One common issue for petitioners is the rejection of forms at intake due to incorrect fee submissions. To ensure your filing is not rejected:

Check the Fee Amount: Always verify the fee amounts on the USCIS Filing Fees page. It’s crucial to submit the exact fee as underpayment and overpayment can both lead to rejections.

Form Specific Instructions: For forms like I-129, I-129CW, and I-140, the fee can vary based on your answers regarding nonprofit status and the size of your organization. Be meticulous in reading the form instructions to determine the correct fee.

Detailed Breakdown for Form I-129, I-129CW, and I-140:

Nonprofit Status: If you indicate that you are a nonprofit or governmental research organization, you are eligible for different fee processing.

Small Employer Status: Fees also vary if you employ 25 or fewer full-time equivalent employees in the U.S. Ensure you understand how to calculate full-time equivalents correctly and provide the necessary documentation to support your claim.

Existing FAQs: Understanding Asylum Program Fees and More

The updated FAQs also include important information about the Asylum Program Fee, which impacts employers filing Forms I-129, I-129CW, and I-140:

Asylum Program Fee: This new $600 fee helps fund the asylum program, with discounts available for nonprofits and small employers.

Payment Methods: Separate checks are necessary for paper filings, while a single credit card form is sufficient for online submissions.

Multiple Form Filings: Employers must be aware of the electronic processing requirements when submitting multiple forms, which might affect payment methods.

Employment Size and Fee Adjustments

Understanding how to determine the size of your workforce is critical for correct fee calculation:

Full-Time Equivalent Employees: This includes all full-time and part-time employees converted into full-time terms. IRS definitions and forms like 941 or 943 help in providing the necessary documentation.

Special Cases: Employers using professional employer organizations or having complex corporate structures should take extra care to accurately report their workforce size to qualify for fee reductions.


Staying informed and compliant with USCIS fee requirements is crucial for all employment-based petitioners. The updated FAQs serve as a vital resource in navigating these complexities. By carefully reviewing the specific requirements for each form and ensuring accurate fee submissions, organizations can avoid unnecessary delays and ensure smoother processing of their petitions.

Stay Updated

Always check the official USCIS website for the latest information and updates on immigration policies and fee schedules to ensure compliance and successful handling of your immigration matters.

Contact Information

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at for more information.

USCIS link: