美国移民局提醒某些职业移民申请人提交正确的所需费用

We are updating our Frequently Asked Questions on the USCIS Fee Rule to help certain employment-based petitioners understand how to submit the correct required fees.

At intake, we determine whether the payment you submitted matches the correct fees due. If you do not submit the correct fee, we must reject your form, even if you have submitted an overpayment.

The Asylum Program Fee ($600) is a new fee paid by employers who file either Form I-129, Petition for a Nonimmigrant Worker; Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker; or Form I-140, Immigrant Petition for Alien Worker.

The fee rule includes special discounts for nonprofits and small employers, as described further below.

Part 1, Question 6 asks “Are you a nonprofit organized as tax exempt or a governmental research organization?” If you answer “Yes,” then you must submit the proper payment for a nonprofit, and not for a small employer.

Part 5, Question 15 asks “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 you answer “Yes,” then you must submit the proper payment for a small employer

Part 1, Question 8 asks “Are you a nonprofit organized as tax exempt or a governmental research organization?” If you answer “Yes,” then you must submit the proper payment for a nonprofit, and not for a small employer.

Part 5, Question 14 asks “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 you answer “Yes,” then you must submit the proper payment for a small employer

Part 1, Question 5 asks “Are you a nonprofit organized as tax exempt or a governmental research organization?” If you answer “Yes,” then you must submit the proper payment for a nonprofit, and not for a small employer.

Part 1, Question 6 asks “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 you answer “Yes,” then you must submit the proper payment for a small employer

If I file forms online such as an H-1B petition (Form I-129) on or after April 1, 2024, may I submit one credit card form that includes the total filing fee amount (Form I-129 fee, anti-fraud fee, American Competitiveness and Workforce Improvement Act fee, Asylum Program Fee, and premium processing filing fee if applicable)?

Yes. You may submit one credit card form for the entire fee amount, including the form fee and additional fees.

The instructions for Forms I-129 and I-140 state that possible evidence includes a copy of the petitioner’s most recent IRS Form 941, Employer’s Quarterly Federal Return; or IRS Form 943, Employer’ Annual Tax Return for Agricultural Workers.

However, petitioners may submit any relevant evidence that shows the number of full-time equivalent employees by a preponderance of the evidence.

Because the IRS Form 941 includes salary information, can petitioners redact this information for privacy reasons?

Yes. Such redaction is permissible when the evidence is only to support eligibility for a reduced fee and the redacted information is not otherwise relevant to the adjudication.

What additional information or evidence should a petitioner submit if they employ fewer full-time equivalent employees than the number of employees listed on IRS Form 941 or 943?

Petitioning employers may submit any relevant evidence to show their actual number of full-time equivalent employees and must establish that number by a preponderance of the evidence. The petitioning employer should explain why the actual number of full-time equivalent employees differs from the number on their Form 941 or Form 943.

The fee rule defines small employer petitioners as those with 25 or fewer full-time equivalent employees. Such petitioners will pay $300 rather than the full $600 for the Asylum Program Fee.

In addition, for the fees for Form I-129 and Form I-129CW, small employers will pay a discounted fee of up to 50% off. For the precise discounted fees, please see the full fee schedule, Form G-1055 .

Generally, the number of full-time equivalent employees equals the number of full-time employees plus the number of part-time employees aggregated to full-time equivalents at the time of filing.

The IRS defines an employee as an individual who receives “wages,” with applicable taxes deducted, along with Social Security and unemployment deductions, and who receives a W-2 reporting their income.

You should count all current workers you employ at the time of filing, regardless of immigration status.

Full-time equivalent employees include seasonal nonimmigrant workers if they are paid as employees, not contractors. You should count all seasonal workers you employ at the time of filing.

The beneficiary of a petition does not count as an employee unless they are currently working for the petitioner as an employee at the time of filing.