If you are an employer looking to hire foreign employees, it is important to keep track of USCIS fee updates. These updates are made to align with the costs of providing USCIS services. USCIS is a fee-funded agency and 96% of USCIS funding is derived from these fees, highlighting the critical role of fee adjustments in sustaining operations and fulfilling the agency’s mandate.

Among the recent fee adjustments, One significant change worth noting is the introduction of the “USCIS Asylum Program Fee”. This new fee, intended to fund the costs associated with asylum processing, poses a significant financial responsibility for employers seeking to hire immigrant and non-immigrant workers.

With the implementation of the new rule, employers are now required to pay an additional $600 for certain immigration petitions such as I-140, and I-129 petitions.

Yet, amidst discussions focused on fee adjustment for employers, it is imperative to consider the implications for self-petitioning individuals. Unlike employers, self-petitioners seeking immigration benefits independently, rather than through an employer-sponsored petition are directly affected by fee adjustments made by USCIS.

Under the new fee structure, self-petitioners filing Form I-140 will face a “Reduced Asylum Program Fee” of $300. In fact, you are a self-petitioning individual who wants to apply under EB-1A or EB-2, National Interest Waiver, you are not completely exempt from fees and you still have to pay $300. When completing Form I-140 as a self petitioner, remember to check “Yes” in Part 1, Question 6.

Additionally, the final rule provides special provisions for certain petitioners. Nonprofit entities are completely waived from the Asylum Program Fee, and small employers with 25 or fewer full-time equivalent employees are required to pay $300.

With these new adjustments, USCIS aims to offset the costs associated with asylum processing, facilitating investments in essential infrastructure, system modernization, and overall user experience enhancement.

Written by: Sima Majnooni

The article is not a substitute for legal advice.