Immigration Solutions

I-129 / I-140 FEE RULE FAQ (for 4/1/24 USCIS fee increase – Asylum Program Fee)

From USCIS via X on 4/3/24:

Do self-petitioners and beneficiary-owners also pay the Asylum Program Fee, and, if so, do they pay the full amount of $600?

An individual self-petitioner would 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 national interest waiver.

On Form I-140, such self-petitioners must select Yes in Part 1, Question 6, to indicate that they currently employ a total of 25 or fewer full time employees.

When an individual beneficiary of a Form I-129 or Form 1-140 petition is a part or sole owner of the petitioning entity, then the Asylum Program Fee depends on the petitioning entity’s number of employees and nonprofit status, as is the case for any petitioning entity.

On Form I-140, select Yes in Part 1, Question 6, if you currently employ a total of 25 or fewer full time employees.

Select Yes in Part 1, Question 5, if you are a nonprofit organization.

On Form I-129, select Yes in Part 5, Question 15, if you currently employ a total of 25 or fewer full time employees.

Select Yes in Part 1, Question 6, if you are a nonprofit organization.

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