USCIS Asylum Program Fee: What Employers Need to Know

By Sanwar Ali:

Sanwar Ali is the founder of workpermit.com and a pioneer in legal services automation, specializing in AI-enhanced immigration solutions. He designed and developed the first AI L1 visa assistant system to help businesses manage their L1 visa applications and streamline the intra-company transfer process, helping businesses transfer key personnel to their US offices.

The USCIS Asylum Program Fee, effective from April 1, 2024, applies to employers and self-petitioners filing employment-based petitions. This includes popular visa categories like H1B, L1, O-1, and employment-based green cards under the EB1, EB2, and EB3 categories. Here's a comprehensive guide to the fee, eligibility criteria, reductions, and required documentation.

Key Details of the Asylum Program Fee

• Fee Amount: $600 per petition.
• Reduced Fee: Small businesses with fewer than 25 full-time employees may qualify for a reduced fee of $300.
• Exemption for Certain Nonprofits: Nonprofit organizations that are 501(c)(3) tax-exempt and primarily engaged in educational or charitable work are exempt from the Asylum Program Fee.
• Implementation Date: This fee became mandatory on April 1, 2024.

Who Needs to Pay?

The Asylum Program Fee applies to both employers and self-petitioners filing certain petitions:

• Employers filing employment-based petitions, including Form I-140 (Immigrant Petition for Alien Workers) and Form I-129 (Petition for Nonimmigrant Workers).
• Self-petitioners in categories like EB1 (for individuals with extraordinary ability) are also subject to this fee.

Exemptions and Reductions

Small Businesses

Companies with fewer than 25 full-time employees, including subsidiaries and affiliates, may qualify for the reduced fee of $300. Required documentation includes:

• Payroll records to show employee numbers.
• IRS filings, such as IRS Form 941, to demonstrate compliance.

Nonprofit Organizations

Certain nonprofits are entirely exempt from the fee:

• 501(c)(3) organizations engaged in charitable, educational, or research activities must submit proof of tax-exempt status, such as an IRS determination letter, with their petition.

Humanitarian and Asylee Applicants

Humanitarian visa applicants, including refugees, asylees, and survivors of crimes or human trafficking, may also qualify for a full fee exemption. To request a waiver, applicants should file Form I-912 (Request for Fee Waiver) and provide supporting documentation demonstrating financial hardship or eligibility.

Payment and Filing Procedures

To ensure petitions are processed without delay, employers and self-petitioners must follow these payment procedures:

• By Check/Money Order: Submit separate payments for the petition filing fee and the Asylum Program Fee.
• Online Payment: The Asylum Program Fee can be processed as part of the overall payment in the online system but must be indicated separately.

Failure to provide the correct fee or necessary documentation could result in delays or rejections of petitions.

Documentation Requirements for Reduced Fees

To qualify for the reduced fee, employers must submit:

• Proof of Employee Count: Payroll records showing fewer than 25 full-time employees.
• IRS Forms: Such as Form 941, demonstrating the company’s size.
• Nonprofit Certification: Nonprofits seeking the reduced fee or full exemption must provide an IRS determination letter proving 501(c)(3) tax-exempt status.

For businesses with subsidiaries or affiliates, a detailed corporate structure showing the total number of employees may also be required.

Impact on Popular US Work Visas

The Asylum Program Fee applies to a range of employment-based visa categories, affecting both employers and self-petitioners:

H1B Visa

Employers sponsoring skilled workers under the H1B visa program must include the Asylum Program Fee in their filings. This ensures the visa applications are processed without unnecessary delays, especially given the annual H1B cap.

L1 Visa

The fee applies to L1A (executives and managers) and L1B (specialized knowledge workers) petitions. Multinational corporations that depend on global talent transfers must ensure the fee is correctly paid to avoid delays in business-critical transfers.

O-1 Visa

Petitions for individuals with extraordinary ability under the O-1 visa category also require the Asylum Program Fee. Whether the petition is for athletes, artists, or business leaders, ensuring this fee is paid correctly is vital for smooth processing.

Employment-Based Green Cards (EB1, EB2, EB3)

Employers or self-petitioners filing Form I-140 under the EB1, EB2, or EB3 green card categories must also account for the Asylum Program Fee. This includes self-petitioners in EB1 (for extraordinary ability).

How the Asylum Program Fee Impacts Processing Times

The fee supports USCIS's processing of both asylum and employment-based cases. By contributing to the funding of the U.S. asylum system, it ensures that employment-related petitions are not delayed due to the diversion of resources. Correct fee submission is critical for timely processing, as missing or incorrect fees can lead to petition rejection or significant delays.

Future Adjustments to USCIS Fees

The USCIS fee structure, including the Asylum Program Fee, may be adjusted periodically based on operational needs and agency funding. Employers and self-petitioners are advised to stay updated with the USCIS Fee Schedule to ensure compliance with future changes. Regularly consulting Form G-1055 (Fee Schedule) and monitoring updates on the USCIS website can help avoid complications from fee changes.

Best Practices for Employers and Self-Petitioners

1. Verify Fee Requirements: Use the USCIS Fee Calculator to confirm the correct fee amounts before submitting any petition.
2. Submit Complete Documentation: Ensure all required documents (such as IRS forms and nonprofit status letters) are ready before filing.
3. Monitor Fee Updates: Regularly check for updates on USCIS fee policies to stay compliant with any changes in fee structures.

Conclusion

The USCIS Asylum Program Fee needs to be taken account in the employment-based immigration and temporary work visa process. Employers and self-petitioners must ensure they meet the fee requirements and submit the necessary documentation to avoid processing delays or rejections. Understanding the eligibility for fee reductions or exemptions is important for both nonprofits and small businesses, allowing them to reduce filing costs. Staying informed and compliant with USCIS regulations will help streamline the visa petition process for all parties involved.

workpermit.com helps with US Work Visa: L1, H1B, E2, and O1 Visas

There are various types of US visas that individuals can apply for, depending on their circumstances. Some of the most common employment-based visas include:

• L1 visa: This visa is for intracompany transferees who work in managerial or executive positions or have specialized knowledge.

   

• H1B visa: This visa is for specialty occupations that require theoretical or technical expertise in specialized fields.

• E2 visa: This visa is for investors who have made a significant investment in a US business and, management or essential skills employees.  Only certain nationalities can apply.

• O1 visa: This visa is for individuals with extraordinary abilities in the arts, sciences, education, business, or athletics.

Workpermit.com is a specialist visa services firm with over thirty years of experience dealing with visa applications. For more information and advice, please contact us on 0344 991 9222 or at london@workpermit.com(link sends e-mail)