Recently, USCIS has issued a reminder for employment-based petitioners regarding the importance of submitting the correct required fees to avoid rejection of their petitions. Here’s what you need to know.
Key Update from USCIS: Fee Submission Guidelines
USCIS has updated its Frequently Asked Questions (FAQs) on the USCIS Fee Rule to assist employment-based petitioners in understanding how to correctly submit required fees. This update is crucial for ensuring that your filings are not rejected due to incorrect fee payments. Here are the main points from the new FAQ:
Avoiding Rejection at Intake
USCIS determines at intake whether the payment submitted matches the correct fees due. Incorrect fee submissions, even if overpaid, will result in rejection of your form. To prevent this, refer to the Filing Fees page on the USCIS website for detailed information.
Specific Form Instructions
- Form I-129, Petition for a Nonimmigrant Worker:
- Nonprofit Status: Part 1, Question 6 asks if you are a nonprofit organized as tax-exempt or a governmental research organization. If “Yes,” submit the nonprofit payment.
- Small Employer Status: Part 5, Question 15 asks if you employ 25 or fewer full-time equivalent employees in the U.S. If “Yes,” submit the small employer payment unless you qualify as a nonprofit.
- Employee Count: Ensure your supporting documentation clarifies the number of full-time equivalent employees if you have more than 25 employees but qualify as a small employer.
- Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker:
- Similar questions about nonprofit status and small employer status are found in Part 1, Question 8 and Part 5, Question 14. The requirements for documentation and fee submission are the same as for Form I-129.
- Form I-140, Immigrant Petition for Alien Workers:
- Nonprofit Status: Part 1, Question 5 asks if you are a nonprofit organized as tax-exempt or a governmental research organization. If “Yes,” submit the nonprofit payment.
- Small Employer Status: Part 1, Question 6 asks if you employ 25 or fewer full-time equivalent employees in the U.S. If “Yes,” submit the small employer payment unless you qualify as a nonprofit.
- Employee Count: Ensure your supporting documentation clarifies the number of full-time equivalent employees if you have more than 25 employees but qualify as a small employer.
Why Accurate Fee Submission Matters
Submitting the correct fees is critical to avoid delays and rejections. An accurate fee submission ensures that your petition is processed efficiently, helping you avoid unnecessary complications in your immigration process.