USCIS Fee Rule Update 2024: Avoid Filing Rejections

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Key Takeaways:

USCIS’ new Fee Rule adjusts immigration fees effective April 1, 2024, marking significant changes since the 2016 schedule.
Ensuring correct fee payment is crucial; incorrect fees can result in rejections, affecting tight filing deadlines.
Asylum Program Fee introduced; $600 for employers, with reduced fees for self-petitioners and small, nonprofit organizations.

What is the New USCIS Fee Rule?

On April 1, 2024, the United States Citizenship and Immigration Services (USCIS) implemented a new Fee Rule that adjusts various immigration and naturalization benefit request fees. This Fee Rule marks the first major change to the fee schedule since 2016, bringing significant alterations that affect applicants and petitioners across the board.

USCIS Fee Rule Update 2024: Avoid Filing Rejections

The Fee Rule aims to ensure that USCIS can continue to provide quality service while maintaining its financial health. On April 29, 2024, USCIS published a new edition of the Fee Schedule, which you can access here.

Ensuring Correct Payment of Immigration Fees

When filing for immigration benefits, verifying and paying the correct fees is essential to avoid rejection of the application. Key points to consider:

Separate Payments for Multiple Forms: If filing several forms together, each form’s fee must be paid separately. Submitting one check for multiple forms can result in the rejection of the entire package.
Online Filings and Credit Card Payments: From April 1, 2024, online filers, such as those submitting an H-1B petition (Form I-129), can pay the total filing amount using one credit card form.

Why is Correct Fee Calculation Important?

Submitting incorrect fees can lead to delays or rejections, which is especially critical if you’re facing tight filing deadlines, such as extending your nonimmigrant status. To avoid this, always review the USCIS Fee Schedule and the Fee Calculator before submitting any application.

What is the Asylum Program Fee?

The Asylum Program Fee, introduced with this Fee Rule, is $600. Employers filing petition forms like Form I-129, Form I-129CW, or Form I-140 need to pay this fee. Individual self-petitioners pay a reduced fee of $300 in specific cases. This fee helps fund the asylum program, allowing USCIS’ non-asylum officers to focus more on other adjudications, thus reducing processing times.

How to Pay the Asylum Program Fee?

Employer Payments: The fee must be submitted separately by check or money order. If paying by credit card online, it can be included in the total payment.
Nonprofit and Small Employers: Nonprofit organizations and small employers (with 25 or fewer employees) benefit from reduced Asylum Program Fees.

Special Considerations for Forms I-129, I-129CW, and I-140

To avoid filing rejections, be meticulous with Form I-129, Form I-129CW, and Form I-140 submissions. Address the following key questions in these forms:

Form I-129

Nonprofit Status: Part 1, Question 6, asks if you’re a nonprofit organization. Answering “Yes” qualifies you for reduced fees.
Employee Count: Part 5, Question 15, asks if you employ 25 or fewer full-time employees. Supporting documentation is required if you claim this status for fee reduction.

Form I-129CW

Nonprofit Verification: Confirm nonprofit status in Part 1, Question 8.
Employee Count: Demonstrate having 25 or fewer employees in Part 5, Question 14 with appropriate supporting documentation.

Form I-140

Nonprofit Verification: Confirm nonprofit status in Part 1, Question 5.
Employee Count: Similar to the other forms, Part 1, Question 6 asks for verification of 25 or fewer full-time employees.

How to Determine Full-Time Equivalent Employees?

To qualify for the small employer fee reduction on Form I-129 and the Asylum Program Fee, it’s vital to accurately calculate full-time equivalent employees. The IRS defines an employee as someone who receives wages reported on a W-2 form, inclusive of specified tax deductions. Here are the key points for calculations:

Noncitizen Workers: Include all current employees, regardless of their immigration status.
Seasonal Workers: Count seasonal workers if they are paid as employees.
Affiliates and Subsidiaries: Include employees from affiliates and subsidiaries but exclude the parent company’s employees.
Supporting Documentation: Provide evidence like the most recent IRS Form 941 or Form 943 to demonstrate the number of full-time equivalent employees.

Step-by-Step Guide to Avoid Filing Rejections

1. Review and Verify Fees

Before preparing your application, always refer to the latest USCIS Fee Schedule and use the Fee Calculator for confirmation. Even minor discrepancies can result in rejections.

2. Separate Payments for Multiple Forms

If you’re submitting multiple forms, ensure each form’s fee is paid separately. Combined payments could lead to your entire application being rejected.

3. Check Employee Counts

For small employers, accurately count your employees and provide supporting documentation if you claim any fee reductions. This includes full-time and part-time employees aggregated to full-time equivalents.

4. Confirm Nonprofit Status

If you are a nonprofit organization, maintain documentation that confirms your status for fee exemptions. This status often results in reduced or waived fees.

Frequently Asked Questions

Why was the Asylum Program Fee introduced?

“Given the interconnectedness of work at USCIS, a fully funded corps of asylum officers allows non-asylum officers to concentrate more exclusively on adjudicating cases from employers and other filers, decreasing processing times for everyone,” explained USCIS.

What happens if my filing is rejected due to incorrect fees?

If your filing is rejected, you may need to resubmit it with the correct fees, potentially missing critical filing deadlines, which could adversely affect your immigration status or benefits.

Can individual petitioners qualify for reduced Asylum Program Fees?

Yes, individual self-petitioners, such as those filing as EB-1A persons of extraordinary ability or as EB-2 national interest waiver applicants, qualify for a reduced Asylum Program Fee of $300 instead of $600.

Where to Access More Information on the Updated USCIS Fee Rule?

For more detailed guidelines on the fee structure and additional resources, you can review USCIS’s Fee Schedule and their comprehensive FAQ page last updated on May 24, 2024.

Conclusion

Navigating the world of USCIS fees can be complex, but understanding the latest updates and changes can help prevent unnecessary rejections. Taking the time to accurately calculate fees, classify your organization properly, and provide supporting documentation ensures smoother processing and reduces the risk of delays. Stay informed with the latest USCIS updates and utilize available resources to manage your filings effectively.

Whether you are an employer or an individual petitioner, staying up-to-date with these pivotal changes ensures that your immigration journey continues without unnecessary hiccups. For more nuanced scenarios or detailed inquiries, consult the official USCIS Fee Schedule and the Fee Calculator to stay compliant and informed.

Learn Today:

Glossary of Immigration Terms

1. Form I-129

A petition used by U.S. employers to employ a nonimmigrant worker. This form is commonly filed for obtaining H-1B visas and requires detailed information about the employer and the employee’s work status.

2. USCIS (United States Citizenship and Immigration Services)

A government agency responsible for overseeing lawful immigration to the United States, including processing applications for citizenship, visas, and other immigration benefits.

3. Fee Schedule

A comprehensive listing provided by USCIS detailing the costs associated with filing various immigration benefit requests. It is updated periodically to reflect new fee structures.

4. Asylum Program Fee

A specific fee charged by USCIS to fund the asylum program. The fee varies depending on whether the payer is an employer or an individual self-petitioner, with a base fee of $600 and a reduced fee of $300 for eligible individuals.

5. Full-Time Equivalent Employees

A unit that indicates the workload of an employed person in a way that makes workloads comparable across various contexts. For fee reduction purposes, this count includes both full-time and part-time employees aggregated to represent the total number of full-time positions.

This Article In A Nutshell:

On April 1, 2024, USCIS introduced a new Fee Rule, updating immigration benefit request fees for the first time since 2016, to ensure continued quality service and financial stability. The revised fee schedule affects various applications, including a new $600 Asylum Program Fee. Check the official USCIS website for detailed information.
— By VisaVerge.com

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