USCIS REJECTS ‘UNUSUALLY HIGH NUMBER’ OF ALIEN WORKER PETITIONS, RELEASES TIPS

On September 23, 2024, the U.S. Citizenship and Immigration Services (USCIS) issued guidance on how to provide the correct payment and complete information when filing Form I-140, Immigrant Petition for Alien Workers.  

Since publishing both a new edition of this form and a new fee rule in April 2024, USCIS had to reject an unusually high number of Form I-140 petitions at intake because of incorrect fees and missing information. 

When an individual files Form I-140, they must provide a payment with their petition for the full $600 Asylum Program Fee, unless they qualify for a reduced Asylum Program Fee of either $300 or $0. If they do not provide the correct Asylum Program Fee, in addition to the $715 filing fee, USCIS may reject thei filing.  Also, because an individual’s answers in Part 1 of the form to questions 5 and 6 tells USCIS whether they qualify for a reduced fee, those answers cannot be left blank.  

If an individual does not provide the correct payment with their petition, or does not provide a response for questions 5 and 6 in Part 1, USCIS may reject their form.  

USCIS also provided a chart for guidance on how to complete questions 5 and 6 and determine the correct payment. 

Applicants must provide separate payments for the $715 filing fee and the Asylum Program Fee, using the same type of payment, either check/money order or Form G-1450 to pay with a credit card. Packages filed with more than one type of payment may be rejected.  

For more instructions, see USCIS alert. 

Williams Global Law has extensive experience with employment-based visas.  If you have questions about employment-based visas, book a consultation with our expert attorneys.  

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