Beginning April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) implemented new filing fee structures under its final fee rule published in January 2024. One of the most surprising additions for many employment-based immigration applicants is the new Asylum Program Fee. This additional $600 fee applies to certain employment-based petitions, even when the petition has nothing to do with an asylum application.
What Is the Asylum Program Fee?
The Asylum Program Fee is a mandatory $600 fee that must be paid by U.S. employers filing employment-based immigrant and nonimmigrant petitions using Forms I-129 (Petition for a Nonimmigrant Worker) or I-140 (Immigrant Petition for Alien Workers). It was created to help offset the costs of the asylum program, which has traditionally been funded through general USCIS revenues.
Who Must Pay the Asylum Program Fee?
Under the new USCIS fee structure, most U.S. employers are required to pay the $600 Asylum Program Fee when submitting:
- Form I-129 – For most temporary (nonimmigrant) employment-based visa categories such as H-1B, L-1, TN, O-1, and others.
- Form I-140 – For permanent (immigrant) employment-based green card sponsorships.
This fee is not paid by the foreign national applicant but by the petitioning employer. However, it can impact overall filing costs, which may ultimately affect the client, depending on who has agreed to cover the fees.
Why Is There a Fee for the Asylum Program on Unrelated Petitions?
The reason for this fee, despite the lack of a direct connection to an asylum application, is financial. USCIS has historically processed asylum applications without charging a filing fee. To continue offering this humanitarian service without charging those seeking protection, USCIS has shifted the financial burden to other fee-paying applicants, particularly U.S. employers filing employment-based petitions. This is consistent with the USCIS’s “beneficiary pays” model, where those who benefit from the immigration system (like businesses seeking to hire foreign talent) help subsidize parts of the system that serve vulnerable populations.
Are There Any Exemptions to the Fee?
Yes, certain petitioners are exempt from the Asylum Program Fee:
- Nonprofits filing Form I-129 or I-140 on behalf of a foreign national.
- Small employers (defined as those with 25 or fewer full-time employees) may pay a reduced Asylum Program Fee of $300.
USCIS requires petitioners to self-certify eligibility for the reduced fee or exemption by submitting Form I-129 Supplement A.
How This Impacts You as a Client
If you’re not applying for asylum and see the Asylum Program Fee on your invoice or USCIS receipt notice, rest assured, this is normal under the new USCIS rules. This fee supports the broader immigration system, and while it may seem unrelated to your specific case, it is now a standard part of many employment-based filings.
Need Help Understanding Your Filing Costs?
At Richards and Jurusik, we help employers and foreign nationals navigate the ever-changing landscape of U.S. immigration law. If you have questions about the Asylum Program Fee or any other aspect of your immigration process, contact us today to schedule a consultation.
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