USCIS Issues Form I-140 Filing Fee Guidelines Following a Surge in Rejections Due to Incorrect Fees and Missing Information

The U.S. Citizenship and Immigration Services (USCIS) has issued updated guidelines for filing Form I-140, Immigrant Petition for Alien Workers. This update aims to address the increase in rejections due to incorrect fees and incomplete information following the release of a new form edition and fee structure in April 2024.

One significant change pertains to the proper payment of fees. Petitioners are required to include a $600 Asylum Program Fee when submitting Form I-140, unless they qualify for a reduced fee of $300 or are exempt from the fee entirely. This fee is in addition to the standard $715 filing fee. USCIS emphasized that petitions submitted with incorrect payments will be rejected.

The guidance also highlights the importance of providing complete information, particularly in Part 1 of the form. Questions 5 and 6 in this section must be fully answered to determine eligibility for a reduced fee and cannot be left blank. Incomplete forms will result in rejection.

“If you do not submit the correct payment with your petition, or fail to provide responses for questions 5 and 6 in Part 1, we may reject your form. Please refer to the chart below for guidance on completing questions 5 and 6 and determining the correct payment,” USCIS stated.

USCIS also provided specific instructions for different types of petitioners. Nonprofit organizations, institutions, or government research organizations are exempt from the Asylum Program Fee. Small businesses or organizations with 25 or fewer full-time employees in the United States should pay the reduced $300 Asylum Program Fee. Self-petitioners with 25 or fewer (or zero) full-time employees in the United States should also pay the reduced $300 Asylum Program Fee.

Organizations that are not tax-exempt nonprofits or government research entities and employ more than 25 full-time equivalent employees, including affiliates and subsidiaries, must pay the full $600 Asylum Program Fee, along with the $715 filing fee.

Additionally, USCIS clarified the acceptable payment methods. Petitioners must use the same method—either check/money order or credit card via Form G-1450—for both the $715 filing fee and the Asylum Program Fee. Using different payment methods for the two fees will result in the rejection of the petition.

Petitioners are advised to review the Form I-140 instructions and consult 8 CFR 106.1(f) for definitions of “nonprofit” and “small employer.” Additional tips for avoiding filing errors are available on the USCIS Lockbox webpage.