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New Asylum Program Fee

Last month, USCIS announced a final rule, which adjusts certain immigration and naturalization benefit request fees for the first time since 2016. This final rule goes into effect on April 1, 2024.

Included in this final rule is a new Asylum Program Fee of $600 that employers will have to pay if they 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 Workers. USCIS states that the fee will cover some of the costs associated with asylum processing, which does not include its own fee. This fee increase for employer petitioners mitigates the size of the fee increases for individual filers. 

However, the final rule does provide special relief for certain petitioners. Nonprofit petitioners will not have to pay the Asylum Program Fee but will be required to include a copy of an IRS letter showing non-profit designation along with each petition. Small employer petitioners with 25 or fewer full-time equivalent employees and self-petitioners will only have to pay $300.

If you have any questions about the Asylum Program Fee, contact our office today to set up a consultation with one of our attorneys!