USCIS REMINDS EMPLOYMENT-BASED PETITIONERS TO SUBMIT THE CORRECT REQUIRED FEES
On April 29, 2024, the U.S. Citizenship and Immigration Services (USCIS) updated its Frequently Asked Questions (FAQ) to help certain employment-based petitioners understand how to submit the correct required fees.
The new information addresses how employment-based petitioners can avoid rejection at intake for incorrect fees.
USCIS clarifies its process and explains why incorrect fee-related rejections occur. At intake, USCIS “determines whether the payment a petitioner submitted matches the correct fees due. If a petitioner does not submit the correct fee, USCIS must reject the form”. A form is rejected even if a petitioner has submitted an overpayment. USCIS advises petitioners to carefully review the USCIS filing fees page to avoid error.
The FAQ also reminds petitioners that required fees for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers depend on how a petitioner answers the form’s questions about their status as a nonprofit or small employer.
USCIS states the following:
Both forms ask, “Are you a nonprofit organized as tax exempt or a governmental research organization?” If a petitioner answers “Yes,” then they must submit the proper payment for a nonprofit, and not for a small employer. To determine whether a petitioner qualify as a nonprofit, petitioners should refer to page 7 of the Form I-129 Instructions or page 3 of the Form I-140 instructions.
Both forms ask “Do you currently employ a total of 25 or fewer full-time equivalent employees in the United States, including all affiliates or subsidiaries of this company/organization?” If a petitioner answers “Yes,” then they must submit the proper payment for a small employer (unless they checked “Yes” in the section for nonprofits, as described above).
Both forms ask for the petitioner’s “Current Number of Employees in the United States.” If a petitioner checks “Yes” to employing a total of 25 or fewer full-time equivalent employees, and then answers this question with a number greater than 25, then the supporting documentation should demonstrate how they calculated the number of full-time equivalent employees as 25 or fewer. If the USCIS officer cannot determine the number of full-time equivalent employees, USCIS may reject the petition.
Williams Global Law has a particular depth of experience in various employment-based programs. If you or your company wants experienced immigration counsel regarding EB adjustment of status, schedule a consultation with one of our immigration attorneys today. Click here to view the USCIS alert.
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