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💰 Imagine preparing your EB2 NIW petition perfectly—expert letters secured, credentials evaluated, petition drafted—only to have USCIS reject your entire package because you paid $715 instead of $1,015. This nightmare scenario is happening to hundreds of applicants in 2026, all because of a confusing fee that most people don’t even know exists: the Asylum Program Fee.
When USCIS implemented sweeping fee changes in April 2024, they introduced a controversial new charge that caught the immigration community off guard. Unlike the straightforward I-140 filing fee of $715, the Asylum Program Fee operates on a complex tiered system with amounts ranging from $0 to $600, depending on factors many applicants don’t understand until it’s too late.
The confusion isn’t accidental—USCIS’s guidance on this fee has evolved multiple times since implementation, leaving even experienced immigration attorneys scrambling to interpret the rules correctly. For self-petitioners filing EB2 NIW cases, the stakes are particularly high: one wrong checkbox or miscalculated payment can delay your case by months and cost hundreds of dollars in resubmission fees.
This comprehensive guide demystifies the Asylum Program Fee with crystal-clear explanations, real-world examples, and step-by-step instructions to ensure you pay the correct amount the first time. Whether you’re a self-petitioner, employed by a small business, or working for a large corporation, you’ll discover exactly what you owe, why you owe it, and how to avoid the costly mistakes that derail applications every day.
🏛️ What Is the Asylum Program Fee and Why Was It Added?
The Asylum Program Fee represents one of the most controversial changes in recent USCIS history—a mandatory charge added to employment-based immigration petitions to fund an entirely different immigration program. Understanding its origins and purpose is essential for grasping why you’re being asked to pay it and how it affects your EB2 NIW application.
The Legal Background of the 2024/2025 Fee Hike
On January 31, 2024, USCIS published a final rule implementing the first comprehensive fee adjustment since 2016. The rule took effect on April 1, 2024, and introduced dozens of changes across the immigration system—but none more surprising than the new Asylum Program Fee attached to Form I-140 petitions.
The legal justification stems from USCIS’s mandate to operate as a fee-funded agency. Unlike most government agencies that receive congressional appropriations, USCIS must generate nearly all its revenue from application fees. When asylum applications surged in the early 2020s, USCIS faced a funding crisis: asylum applicants pay minimal fees (often $0 for initial applications), yet their cases require substantial adjudication resources.
📅 Asylum Program Fee Timeline
- 2016-2023: No Asylum Program Fee exists; I-140 filing fee is $700
- January 31, 2024: USCIS publishes final rule introducing Asylum Program Fee
- April 1, 2024: New fee structure takes effect; I-140 base fee increases to $715 + Asylum Program Fee ($300-$600 depending on category)
- October 2025: USCIS issues clarifying guidance after widespread confusion and rejections
- 2026: Fee amounts remain stable with minor inflation adjustments expected late in the year
The fee structure operates on a cross-subsidy model: employment-based petitioners (who typically have employer or personal resources) pay additional fees to support the asylum system (which serves vulnerable populations with limited financial means). While this approach has precedent in immigration law, the Asylum Program Fee sparked immediate controversy for several reasons:
- Lack of transparency: The fee isn’t clearly labeled on Form I-140 itself, leading to widespread confusion
- Complexity: Unlike flat fees, the Asylum Program Fee uses a tiered system based on employer size and petitioner category
- Burden shift: Self-petitioners and small businesses bear costs for a program they don’t directly benefit from
- Enforcement: USCIS immediately began rejecting applications with incorrect fees, with no grace period for the learning curve
“The Asylum Program Fee represents a fundamental shift in how USCIS funds operations. While the cross-subsidy model makes fiscal sense, the implementation has been problematic. I’ve seen dozens of perfectly prepared petitions rejected simply because applicants didn’t understand they owed an additional $300-$600 beyond the base filing fee.” — Sarah Mitchell, Immigration Attorney with 18+ years of experience in employment-based petitions
Legal challenges to the fee structure emerged almost immediately after implementation. Several business groups and immigration advocacy organizations filed lawsuits arguing that USCIS exceeded its statutory authority by imposing fees on one immigration category to fund another. As of 2026, these challenges remain in litigation, but the fee continues to be enforced pending final judicial resolution.
How the Funds Are Used by USCIS
USCIS maintains that every dollar collected through the Asylum Program Fee directly supports asylum processing operations. According to the agency’s FY 2025 budget documents, these funds specifically cover:
💵 Asylum Program Fee Revenue Allocation
Asylum Officer Staffing (45% of revenue)
Hiring and training asylum officers to conduct credible fear interviews, reasonable fear interviews, and full asylum adjudications. USCIS reports that Asylum Program Fee revenue enabled the hiring of 350+ additional officers in FY 2024-2025.
Processing Infrastructure (30% of revenue)
Technology systems for asylum case management, biometric processing, background checks, and fraud detection. This includes the Asylum Division’s case tracking database and interview scheduling systems.
Refugee Processing Support (15% of revenue)
Administrative costs for refugee admissions programs, including overseas processing, medical examinations coordination, and resettlement logistics.
Legal and Administrative Overhead (10% of revenue)
Legal counsel for asylum proceedings, administrative appeals processing, and policy development for humanitarian protection programs.
In FY 2024, USCIS collected approximately $180 million through the Asylum Program Fee, based on roughly 300,000 I-140 petitions filed with the fee. This represents about 8% of the total asylum program budget, with the remainder funded through other fee revenue and limited congressional appropriations.
Critics argue that this funding model creates perverse incentives. Employment-based petitioners—who already face lengthy processing times and high denial rates—are essentially subsidizing a separate immigration category while receiving no improvement in their own service levels. USCIS counters that the fee-funded model ensures asylum processing continues without disruption, which serves broader humanitarian and national security interests.
💡 Real-World Impact
Case Study: In 2024, Dr. Amara, a medical researcher filing EB2 NIW, paid the $715 I-140 fee but didn’t realize she also owed a $300 Asylum Program Fee as a self-petitioner. USCIS rejected her petition after 6 weeks, returning her entire package. She lost her original filing date (which would have been her priority date), had to pay all fees again, and experienced a 3-month delay. The rejection notice provided minimal explanation, simply stating “incorrect fee amount.” Only after consulting an attorney did she understand the Asylum Program Fee requirement.
The bottom line: whether you agree with the policy or not, the Asylum Program Fee is mandatory for nearly all I-140 petitions filed in 2026. Understanding your specific fee obligation is not optional—it’s the difference between a successful filing and a costly rejection.
Fee Tiers: Large Employers, Small Businesses, and Nonprofits
The Asylum Program Fee operates on a three-tier system based on the petitioner’s category and size. This tiered approach aims to reduce burden on smaller organizations while collecting more revenue from large corporations—but it creates significant complexity in determining which tier applies to your specific situation.
Defining “Small Employer” (25 or Fewer Full-Time Employees)
The most critical distinction in the Asylum Program Fee structure is between “small employers” and all other petitioners. This classification determines whether you pay $300 or $600—a $300 difference that has caused thousands of application rejections.
💰 Complete Asylum Program Fee Structure (2026)
| Petitioner Category | Asylum Program Fee | Base I-140 Fee | Total Cost |
|---|---|---|---|
| Large Employer (26+ employees) | $600 | $715 | $1,315 |
| Small Employer (1-25 employees) | $300 | $715 | $1,015 |
| Individual Self-Petitioner (EB-1A, EB-2 NIW) | $300 | $715 | $1,015 |
| 501(c)(3) Nonprofit Organization | $0 | $715 | $715 |
| Government Employer | $0 | $715 | $715 |
How USCIS Defines “Small Employer”:
The 25-employee threshold is based on full-time equivalent (FTE) employees, not total headcount. This distinction is crucial for companies with part-time workers, contractors, or seasonal staff. Here’s how to calculate correctly:
🔢 FTE Calculation Formula
Step 1: Count all full-time employees (those working 30+ hours per week)
Step 2: Calculate part-time employee FTE: (Total part-time hours per week) ÷ 30 = Part-time FTE
Step 3: Add full-time count + part-time FTE = Total FTE
Step 4: If Total FTE ≤ 25, you qualify as a small employer ($300 fee)
Step 5: If Total FTE ≥ 26, you’re a large employer ($600 fee)
💡 Real-World Example
Case Study: TechStart Inc. has 20 full-time employees and 10 part-time employees working 15 hours per week each. Calculation: 20 full-time + (10 × 15 hours ÷ 30) = 20 + 5 = 25 FTE. TechStart qualifies as a small employer and pays the $300 reduced Asylum Program Fee. If they had just one more full-time employee (26 FTE), they would owe $600 instead.
Important clarifications from USCIS guidance:
- Measurement period: Use the FTE count at the time of filing, not annual averages
- Multi-location employers: Count employees across ALL locations, not just the worksite where the beneficiary will be employed
- Parent/subsidiary relationships: If your company is part of a larger corporate structure, count employees across the entire affiliated group
- Independent contractors: Generally NOT counted, but if they’re effectively employees under IRS guidelines, they may be included
- Seasonal fluctuations: Use the count on the actual filing date, even if it fluctuates seasonally
“The 25-employee threshold creates a cliff effect that penalizes growing businesses. I’ve advised clients to carefully time their I-140 filings before planned hiring expansions that would push them over 25 FTE. One additional employee can cost an extra $300 per petition, which adds up quickly for companies filing multiple cases.” — Michael Chen, Corporate Immigration Counsel
USCIS does NOT require upfront documentation proving small employer status when you file. However, you must be prepared to provide evidence if USCIS issues a Request for Evidence (RFE). Acceptable documentation includes:
- IRS Form 941 (Quarterly Federal Tax Return) showing employee counts
- Payroll records for the filing quarter
- Signed attestation from company officer certifying FTE count
- State unemployment insurance filings showing employee numbers
Documentation Required to Prove Nonprofit Status
Nonprofit organizations receive the most favorable treatment under the Asylum Program Fee structure: they pay $0. However, not all nonprofits qualify—only those with valid 501(c)(3) tax-exempt status from the IRS. [[3]](#__3)
✅ Nonprofit Exemption Requirements
Qualifying Organizations:
- 501(c)(3) charitable organizations
- Religious organizations with 501(c)(3) status
- Educational institutions (universities, schools) with 501(c)(3) status
- Scientific research organizations with 501(c)(3) status
- Government employers (federal, state, local)
Non-Qualifying Organizations (must pay standard fees):
- 501(c)(4) social welfare organizations
- 501(c)(6) business leagues and trade associations
- For-profit companies with social missions (B-corps, benefit corporations)
- Foreign nonprofits without IRS recognition
- Pending 501(c)(3) applications (not yet approved)
Required Documentation for Nonprofit Exemption:
Unlike small employer status, USCIS requires nonprofits to submit proof of tax-exempt status WITH the initial I-140 filing. Failure to include this documentation results in rejection. Required documents include:
- IRS Determination Letter: The official letter from the IRS granting 501(c)(3) status (must be currently valid, not revoked)
- Form I-140 Supplement A: Check the box indicating nonprofit status and attach the IRS letter
- Current tax-exempt status verification: If the IRS letter is more than 5 years old, include recent Form 990 filings showing continued tax-exempt status
⚠️ Common Nonprofit Mistakes
- Mistake #1: Assuming all nonprofits are exempt—only 501(c)(3) organizations qualify
- Mistake #2: Failing to attach the IRS determination letter—USCIS will reject without it
- Mistake #3: Using expired or revoked tax-exempt status—USCIS verifies current status
- Mistake #4: Fiscal sponsorship arrangements—if you’re fiscally sponsored by a 501(c)(3) but aren’t one yourself, you don’t qualify for exemption
💡 Real-World Example
Case Study: Hope Foundation, a 501(c)(4) social advocacy organization, filed an I-140 petition for their policy director and paid only the $715 base fee, assuming nonprofit exemption. USCIS rejected the petition because 501(c)(4) organizations don’t qualify for the Asylum Program Fee exemption—only 501(c)(3) organizations do. Hope Foundation had to refile with the full $1,315 payment (treating themselves as a large employer with 26+ employees), losing 2 months and paying fees twice.
Government employers (federal, state, and local agencies) also receive automatic exemption from the Asylum Program Fee, but they must indicate government employer status on Form I-140 and may be asked to provide documentation of their governmental nature.
🎯 The Self-Petitioner Loophole: How to Identify Your Category
For EB2 NIW applicants, the self-petitioner category offers a significant advantage: you pay the reduced $300 Asylum Program Fee instead of the full $600 charged to large employers. However, correctly identifying yourself as a self-petitioner and marking the form properly is where many applications go wrong.
Why Individual Self-Petitioners Often Pay the Reduced or Zero Fee
The term “self-petitioner” in the context of the Asylum Program Fee refers specifically to individuals filing employment-based petitions without employer sponsorship. This primarily includes:
- EB-1A (Alien of Extraordinary Ability): Individuals petitioning based on extraordinary ability in sciences, arts, education, business, or athletics
- EB-2 NIW (National Interest Waiver): Individuals petitioning based on work that serves the U.S. national interest
- EB-1B (Outstanding Researcher/Professor): When filed by the individual rather than the employer (rare but possible)
The reduced fee logic is straightforward: self-petitioners aren’t employers benefiting from hiring foreign workers, so they shouldn’t pay the full employer-based fee. However, USCIS guidance on this point has been inconsistent, leading to widespread confusion.
🔍 Self-Petitioner Fee Determination Flowchart
Question 1: Are you filing EB-1A or EB-2 NIW without employer sponsorship?
- ✅ YES: You are a self-petitioner → Continue to Question 2
- ❌ NO: You are employer-sponsored → Pay $600 (large employer) or $300 (small employer) based on employer size
Question 2: Are you currently employed by anyone (even if they’re not sponsoring your petition)?
- ✅ YES: You pay $300 Asylum Program Fee as an individual self-petitioner
- ❌ NO (unemployed or self-employed): You pay $300 Asylum Program Fee as an individual self-petitioner
Question 3: Do you own a business that will employ you after green card approval?
- ✅ YES, and business has 25 or fewer FTE: You pay $300 (small employer rate)
- ✅ YES, and business has 26+ FTE: You pay $600 (large employer rate)
- ❌ NO: You pay $300 as individual self-petitioner
Critical Clarification: According to USCIS FAQ guidance published in October 2024, individual self-petitioners filing EB-1A or EB-2 NIW always pay the reduced $300 Asylum Program Fee, regardless of their current employment status. This means:
- If you’re employed by Google (100,000+ employees) but filing EB2 NIW on your own, you pay $300 (not $600)
- If you’re unemployed and filing EB2 NIW, you pay $300
- If you own a small consulting business and filing EB2 NIW, you pay $300
- If you’re a university professor filing EB2 NIW (not employer-sponsored), you pay $300
“The self-petitioner reduced fee is one of the few advantages EB2 NIW applicants have in the current fee structure. However, I’ve seen USCIS issue RFEs questioning why applicants paid $300 instead of $600, particularly when the beneficiary is currently employed by a large company. Always include a cover letter explicitly stating you’re filing as an individual self-petitioner under the EB-2 NIW category.” — Jennifer Rodriguez, Immigration Attorney specializing in EB2 NIW cases
💡 Real-World Example
Case Study: Dr. Patel works as a senior engineer at Amazon (500,000+ employees) but files EB2 NIW as a self-petitioner based on his AI research that serves the national interest. Amazon is NOT sponsoring his petition. Dr. Patel pays $715 (base fee) + $300 (self-petitioner Asylum Program Fee) = $1,015 total. His colleague, whose I-140 is employer-sponsored by Amazon, pays $715 + $600 = $1,315. The $300 savings reflects Dr. Patel’s self-petitioner status, even though both work for the same large employer.
How to Mark the Form I-140 Correctly for Exemption
Properly indicating your self-petitioner status on Form I-140 is critical to avoiding rejection. The form itself doesn’t have a clear “self-petitioner” checkbox, which causes significant confusion. Here’s the exact step-by-step process:
📝 Form I-140 Completion for Self-Petitioners
Part 1: Information About the Employer
For EB2 NIW self-petitioners:
- Employer’s Name: Enter YOUR name (you are both petitioner and beneficiary)
- Employer’s Address: Enter YOUR address
- Employer’s Tax ID (EIN): Enter YOUR Social Security Number OR leave blank if you don’t have business EIN
- Number of Employees: Enter “1” (yourself) or “0” if unemployed
Part 2: Petition Type
Check the appropriate box:
- For EB2 NIW: Check box “e” → “Member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver)”
- IMPORTANT: Also check the National Interest Waiver box in Part 2, Item 7
Part 6: Basic Information About the Proposed Employment
For self-petitioners:
- Job Title: Enter your professional title (e.g., “Research Scientist,” “Software Engineer”)
- Is this a full-time position? Check “Yes”
- Wages per year: Enter your expected annual compensation or current salary if employed
Fee Calculation Section (Critical!)
On your payment check or Form G-1450:
- Write total amount: $1,015 ($715 base + $300 Asylum Program Fee)
- In memo line: “Form I-140 – EB2 NIW Self-Petitioner”
- DO NOT write separate checks for base fee and Asylum Program Fee—use ONE check for total amount
📄 Recommended Cover Letter Language
Include this language in your cover letter to clarify your self-petitioner status:
“This Form I-140 petition is filed by [YOUR NAME] as an individual self-petitioner under the EB-2 National Interest Waiver category pursuant to INA §203(b)(2)(B)(i). As an individual self-petitioner, the enclosed payment of $1,015 includes the base I-140 filing fee of $715 and the reduced Asylum Program Fee of $300 as specified in 8 CFR §103.7(b)(1)(i)(AAA) for individual self-petitioners filing EB-1A or EB-2 NIW petitions.”
⚠️ Common Self-Petitioner Marking Errors
- Error #1: Listing current employer’s name in Part 1 instead of your own name—this makes USCIS think it’s employer-sponsored
- Error #2: Paying $715 only, forgetting the $300 Asylum Program Fee entirely
- Error #3: Paying $1,315 (full $600 fee) because you work for a large company, not realizing self-petitioners pay reduced rate
- Error #4: Failing to include cover letter clarifying self-petitioner status, leading to RFEs
💡 Real-World Example
Case Study: Maria, a data scientist, filed EB2 NIW as a self-petitioner but listed her current employer “DataCorp Inc.” in Part 1 of Form I-140 because she thought she needed to show employment. She paid $1,015 ($715 + $300). USCIS issued an RFE asking why she paid only $300 Asylum Program Fee when DataCorp has 200+ employees (should be $600). Maria had to submit a detailed response explaining she was self-petitioning and DataCorp was NOT sponsoring her petition. The confusion cost her 3 months and attorney fees for the RFE response. Correct approach: She should have listed HER OWN name in Part 1 and included a cover letter clarifying self-petitioner status.
Common Mistakes When Calculating Your Check Amount
Even when applicants understand the Asylum Program Fee structure conceptually, calculation errors during payment preparation cause thousands of rejections annually. USCIS’s payment requirements are strict and unforgiving—one dollar off results in rejection, regardless of how strong your petition is.
Combining Checks vs. Separate Payments
One of the most frequent questions: should you write one check for the total amount ($715 + Asylum Program Fee), or separate checks for each fee component? USCIS guidance is clear but often overlooked:
✅ CORRECT Payment Method
Write ONE check for the total combined amount:
- Self-petitioner: ONE check for $1,015 ($715 + $300)
- Small employer: ONE check for $1,015 ($715 + $300)
- Large employer: ONE check for $1,315 ($715 + $600)
- Nonprofit: ONE check for $715 ($0 Asylum Program Fee)
Payable to: “U.S. Department of Homeland Security” (NOT “USCIS”)
Memo line: “Form I-140 [Your Name]”
❌ INCORRECT Payment Methods (Will Cause Rejection)
- Two separate checks: One for $715 and one for $300/$600—USCIS will reject this
- Wrong payee: Check made out to “USCIS” instead of “U.S. Department of Homeland Security”
- Incorrect total: Any amount other than the exact required total
- Foreign currency: Checks not drawn on U.S. banks or not in U.S. dollars
- Expired checks: Checks dated more than 6 months before USCIS receives them
Credit Card Payments (Form G-1450):
If paying by credit card using Form G-1450, you face a different set of rules:
- Option 1 (Recommended): Complete ONE Form G-1450 with the total amount ($1,015 or $1,315)
- Option 2 (More Complex): Complete TWO separate G-1450 forms—one for $715 and one for $300/$600—but ensure the amounts are clearly labeled and add up correctly
- Critical requirement: If using two G-1450 forms, USCIS states: “Make sure the amounts on the 2 Forms G-1450 add up to the correct total. We will reject a filing with an incorrect payment amount.”
💡 Real-World Example
Case Study: Tech startup founder Alex filed EB2 NIW and wrote two checks: one for $715 (I-140 base fee) and one for $300 (Asylum Program Fee), thinking USCIS would appreciate the itemization. USCIS rejected the entire package after 5 weeks with a notice stating “incorrect payment method.” Alex had to refile with ONE check for $1,015, losing his original priority date and 5 weeks of processing time. Total cost of the mistake: $1,015 in duplicate fees + 5 weeks delay.
Calculating the Total for Concurrent Filings
Many applicants file multiple forms concurrently with Form I-140, particularly when their priority date is current and they can immediately file for adjustment of status. Calculating the total payment for concurrent filings is where errors multiply exponentially.
📋 Common Concurrent Filing Scenarios
Scenario 1: I-140 + Premium Processing (I-907)
Forms filed together: I-140 + I-907
Fee calculation:
- I-140 base fee: $715
- Asylum Program Fee: $300 (self-petitioner) or $600 (large employer)
- Premium Processing (I-907): $2,805
- Total for self-petitioner: $3,820
- Total for large employer: $4,120
Payment method: Write ONE check for the total amount
Scenario 2: I-140 + I-485 (Adjustment of Status) – Priority Date Current
Forms filed together: I-140 + I-485 + I-765 (work permit) + I-131 (travel document)
Fee calculation:
- I-140 base fee: $715
- Asylum Program Fee: $300 (self-petitioner)
- I-485 (adjustment of status): $1,440
- I-765 (EAD): $0 (included with I-485 as of 2024)
- I-131 (advance parole): $0 (included with I-485 as of 2024)
- Total: $2,455
Payment method: USCIS recommends TWO separate checks:
- Check #1: $1,015 for I-140 (including Asylum Program Fee)
- Check #2: $1,440 for I-485
Scenario 3: Family Filing (I-140 + Multiple I-485s)
Forms filed together: I-140 + I-485 (principal) + I-485 (spouse) + I-485 (child)
Fee calculation:
- I-140 with Asylum Program Fee: $1,015
- I-485 (principal applicant): $1,440
- I-485 (spouse): $1,440
- I-485 (child under 14): $950
- Total: $4,845
Payment method: Write separate checks for I-140 and each I-485 to avoid confusion if one application has issues
✅ Pre-Submission Payment Checklist
Before mailing your package, verify:
- ☐ You’ve identified your correct category (self-petitioner, small employer, large employer, nonprofit)
- ☐ You’ve calculated the correct Asylum Program Fee ($0, $300, or $600)
- ☐ You’ve added the base I-140 fee ($715) to the Asylum Program Fee
- ☐ If filing with premium processing, you’ve added $2,805
- ☐ If filing concurrent forms, you’ve calculated each form’s fee correctly
- ☐ Your check(s) are made payable to “U.S. Department of Homeland Security”
- ☐ Your check(s) are drawn on a U.S. bank and in U.S. dollars
- ☐ Your check(s) are signed and dated
- ☐ You’ve written your name and “Form I-140” in the memo line
- ☐ You’ve kept copies of all checks for your records
⚠️ Top 5 Payment Calculation Errors
- Forgetting the Asylum Program Fee entirely: Paying only $715 instead of $1,015/$1,315
- Using old fee amounts: Paying $700 (pre-2024 fee) instead of $715
- Confusing small vs. large employer: Paying $1,015 when you owe $1,315 (or vice versa)
- Rounding errors: Paying $1,000 or $1,300 instead of exact amounts
- Currency conversion mistakes: International applicants converting incorrectly from their home currency
“I recommend all my clients use the USCIS online fee calculator before finalizing their payment. It’s buried on their website, but it’s the most reliable way to verify you’re paying the correct amount. One wrong calculation can cost you months of delay and hundreds of dollars in duplicate fees.” — David Thompson, Immigration Paralegal with 15+ years of experience
What Happens If You Send the Wrong Fee Amount (Rejection Risks)
Understanding the consequences of fee errors is crucial for appreciating why precision matters. Unlike some USCIS processes that allow corrections, fee errors result in immediate rejection with no opportunity to fix the mistake before your entire package is returned.
The USCIS Rejection Notice Process
When USCIS receives your I-140 package, it goes through an initial intake review before any substantive adjudication begins. During this intake process (typically 2-6 weeks after receipt), USCIS verifies:
- The correct form version is used
- The form is signed and dated
- The payment amount is correct
- Required supporting documents are included
- The package was sent to the correct address
If any of these requirements fail, USCIS issues a rejection notice and returns your entire package unprocessed. This is distinct from a denial—your case was never actually reviewed on its merits.
📅 Typical Rejection Timeline
| Timeframe | What Happens | Your Status |
|---|---|---|
| Week 0 | You mail your I-140 package with incorrect fee | Waiting for receipt notice |
| Week 1-2 | USCIS receives package and begins intake review | Monitoring case status online (shows nothing yet) |
| Week 3-6 | USCIS identifies fee error during intake review | Still no notification; case not entered into system |
| Week 4-8 | USCIS mails rejection notice and returns entire package | Receive returned package with rejection letter |
| Week 8+ | You must prepare and refile from scratch | Lost 2+ months; must pay all fees again |
What the Rejection Notice Says:
USCIS rejection notices for fee errors are typically brief and provide minimal detail. A standard notice states:
“Your Form I-140, Immigrant Petition for Alien Workers, is being rejected because the filing fee submitted is incorrect. The correct fee for this petition is $[amount]. Please resubmit your petition with the correct fee. Your petition has not been processed and no receipt notice has been issued.”
The notice usually does NOT explain:
- Why the fee is incorrect (e.g., whether you forgot Asylum Program Fee, paid wrong tier, etc.)
- Which category USCIS believes you fall under
- Detailed instructions for calculating the correct amount
This lack of detail forces applicants to research the fee structure themselves or consult an attorney to understand what went wrong.
💸 Financial and Timeline Consequences of Fee Rejection
Financial Impact:
- Lost fees: If you paid by check, the check is returned uncashed (no financial loss). If you paid by credit card via G-1450, the charge may or may not have processed—if it did, you must request a refund.
- Duplicate fees: You must pay all fees again when refiling ($1,015-$4,120 depending on your situation)
- Mailing costs: Duplicate courier/certified mail fees ($25-$75)
- Attorney fees: If you need legal help understanding the error ($300-$1,000 for consultation)
- Total cost of error: $1,040-$5,195 in duplicate expenses
Timeline Impact:
- Processing delay: 2-3 months lost from rejection discovery to successful refiling
- Priority date impact: Your priority date is established when USCIS receives your petition. A rejection means you lose your original filing date and get a new (later) priority date when you refile. For countries with visa bulletin retrogression, this can cost years.
- H-1B expiration risk: If you’re filing near your H-1B expiration date, a 2-3 month delay could jeopardize your status
- Job offer complications: If your petition is tied to a time-sensitive job offer, rejection delays may cause you to lose the opportunity
💡 Real-World Example
Case Study: Dr. Singh, born in India, filed his EB2 NIW on March 1, 2025, paying $715 (forgetting the $300 Asylum Program Fee). USCIS rejected his petition on April 22, 2025 (7 weeks later). He refiled correctly on May 15, 2025, with $1,015 payment. His priority date changed from March 1, 2025, to May 15, 2025—a 75-day difference. For Indian-born EB-2 applicants facing 10+ year visa bulletin backlogs, this 75-day priority date difference could translate to 6-12 months additional wait time for visa availability due to retrogression patterns. Total cost: $1,015 duplicate fees + $50 mailing costs + 75 days lost + potential 6-12 month visa bulletin delay.
How to Resubmit Your Package After a Fee Error
If you receive a rejection notice due to incorrect fees, here’s your step-by-step recovery process:
🔄 Fee Error Resubmission Process
Step 1: Understand What Went Wrong (Days 1-3)
- Carefully read the rejection notice to identify the stated correct fee amount
- Compare what you paid vs. what USCIS says you should have paid
- Review USCIS fee guidance to understand which category you fall under
- If unclear, consult an immigration attorney immediately (don’t guess and risk another rejection)
Step 2: Verify Your Returned Package (Days 1-3)
- Confirm all original documents were returned (USCIS should return everything)
- Check if your payment check was cashed (usually not, but verify)
- Ensure no documents were damaged during return shipping
- If anything is missing, contact USCIS immediately
Step 3: Update Your Package (Days 4-7)
- Do NOT reuse the old Form I-140: Download and complete a fresh form with the current date
- Prepare new payment with the correct amount
- Add a cover letter explaining this is a resubmission after rejection (include the rejection notice date)
- Update any time-sensitive information (employment dates, addresses, etc.)
- If more than 3 months have passed, consider updating recommendation letters with current dates
Step 4: Add Clarifying Documentation (Days 4-7)
- If you’re a self-petitioner, add a detailed cover letter explaining your status
- If you’re a small employer, consider including FTE calculation documentation proactively
- If you’re a nonprofit, ensure IRS determination letter is prominently included
- Attach a copy of the rejection notice for USCIS’s reference
Step 5: Triple-Check Everything (Days 7-10)
- Use the USCIS fee calculator to verify your payment amount
- Have someone else review your payment calculation
- Verify check is made payable to “U.S. Department of Homeland Security”
- Confirm you’re using the current form version
- Ensure all signatures and dates are current
Step 6: Refile with Enhanced Tracking (Day 10)
- Send via courier service with signature confirmation (FedEx, UPS, DHL)
- Keep detailed records of mailing date and tracking number
- Take photos of the complete package before sealing
- Retain copies of everything, including the new check
📄 Sample Resubmission Cover Letter
RE: Resubmission of Form I-140 After Fee Rejection – [Your Name]
Dear USCIS Officer,
This is a resubmission of Form I-140, Immigrant Petition for Alien Workers, filed by [Your Name] under the EB-2 National Interest Waiver category. The original petition, filed on [Original Date], was rejected on [Rejection Date] due to incorrect fee payment.
The original submission included a payment of $[Wrong Amount]. Per the rejection notice and USCIS fee guidance, the correct fee for an individual self-petitioner filing EB-2 NIW is $1,015, consisting of:
- Base I-140 filing fee: $715
- Asylum Program Fee (individual self-petitioner): $300
- Total: $1,015
Enclosed is a check for $1,015 made payable to “U.S. Department of Homeland Security.” Also enclosed is a copy of the rejection notice for your reference.
I respectfully request that USCIS process this resubmission and establish the priority date based on the receipt date of this package.
Thank you for your consideration.
Sincerely,
[Your Signature]
[Your Name]
🛡️ Prevention: How to Avoid Fee Rejection in the First Place
- Use the USCIS Fee Calculator: Available at USCIS.gov, this tool calculates your exact fee based on form type and category
- Consult the official fee schedule: Review Form G-1055 (USCIS Fee Schedule) before finalizing payment
- Read the I-140 instructions: The current instructions include detailed Asylum Program Fee guidance
- Include a detailed cover letter: Explain your category and fee calculation proactively
- Have an attorney review: Even if filing DIY, a $300-500 attorney review can prevent $1,000+ in rejection costs
- Join online communities: Forums like Reddit’s r/EB2_NIW share recent experiences with fee issues
- Call USCIS Contact Center: While not always reliable, you can call 1-800-375-5283 to verify fee amounts
“Fee rejections are the most preventable type of USCIS rejection, yet they’re also among the most common. I always tell clients: spend 30 minutes triple-checking your payment calculation, or spend 3 months and $1,000+ fixing a rejection. The choice is obvious.” — Lisa Chen, Immigration Attorney
❓ Frequently Asked Questions About the Asylum Program Fee
Q: Can I request a fee waiver for the Asylum Program Fee?
A: No. USCIS does not offer fee waivers for the Asylum Program Fee under any circumstances. Unlike some other immigration fees where Form I-912 (Request for Fee Waiver) can be used, the Asylum Program Fee is mandatory and non-waivable for all applicable categories.
Q: If I’m unemployed and filing EB2 NIW, do I still pay the Asylum Program Fee?
A: Yes. As an individual self-petitioner, you pay the reduced $300 Asylum Program Fee regardless of your current employment status. Unemployment doesn’t exempt you from the fee—it just means you qualify for the reduced rate instead of the full $600.
Q: My employer has exactly 25 employees. Am I a small employer or large employer?
A: You’re a small employer. The threshold is “25 or fewer” full-time equivalent employees, so 25 FTE qualifies for the reduced $300 fee. At 26 FTE, you become a large employer owing $600.
Q: Can I pay the Asylum Program Fee separately after my I-140 is filed?
A: No. The Asylum Program Fee must be paid at the time of I-140 filing as part of the total payment. USCIS will not accept supplemental payments after filing. If you forget to include it, your petition will be rejected and you must refile with the complete payment.
Q: Does the Asylum Program Fee apply to I-485 (adjustment of status) filings?
A: No. The Asylum Program Fee only applies to Form I-140 (and certain other employment-based petitions like I-129). It does not apply to I-485, I-765, I-131, or other adjustment of status forms.
Q: If my I-140 is denied, do I get the Asylum Program Fee refunded?
A: No. All USCIS fees, including the Asylum Program Fee, are non-refundable regardless of the outcome of your petition. Whether your I-140 is approved, denied, or withdrawn, you do not receive a refund of any fees paid.
Q: I’m filing from outside the U.S. Does the Asylum Program Fee still apply?
A: Yes, if you’re filing Form I-140. The Asylum Program Fee applies to all I-140 petitions regardless of where the petitioner or beneficiary is located. Geographic location doesn’t affect fee requirements.
🎯 Final Thoughts: Mastering the Asylum Program Fee
The Asylum Program Fee represents one of the most confusing and poorly communicated changes in recent USCIS history. What should be a straightforward fee calculation has become a minefield of rejections, delays, and duplicate expenses for thousands of applicants who simply didn’t understand the complex tiered system.
The key takeaways for 2026:
- The fee is mandatory: Nearly all I-140 petitions require an Asylum Program Fee of $300-$600 in addition to the $715 base fee
- Self-petitioners get a break: EB2 NIW and EB-1A applicants pay only $300, not the full $600
- Nonprofits are exempt: But only 501(c)(3) organizations—other nonprofit types pay standard fees
- Small employers save money: Companies with 25 or fewer FTE employees pay $300 instead of $600
- Payment precision matters: One dollar off results in rejection—no exceptions, no grace period
- Rejections are costly: Wrong fee amount means 2-3 months lost, duplicate fees, and potential priority date impact
The Asylum Program Fee isn’t going away. Legal challenges continue, but USCIS shows no signs of suspending enforcement while litigation proceeds. For 2026 and beyond, understanding this fee structure is as essential as preparing your petition’s substantive evidence.
🚀 Your Action Plan
Before you file your I-140 petition, take these critical steps:
- Identify your category: Self-petitioner, small employer, large employer, or nonprofit
- Calculate your exact fee: Use the USCIS fee calculator at USCIS.gov
- Prepare ONE check: For the total combined amount (base fee + Asylum Program Fee)
- Include a cover letter: Explicitly state your category and fee calculation
- Triple-check everything: Have someone else verify your payment amount before mailing
- Consider professional review: A $300-500 attorney consultation can prevent $1,000+ in rejection costs
Still confused about which fee applies to you? Share your specific situation in the comments below, and our community of immigration professionals and experienced filers will help you calculate the correct amount. Don’t let a preventable fee error derail your American dream—get it right the first time.
