Form I-140: Understanding Fees and Completing Information Correctly
Filing Form I-140, Immigrant Petition for Alien Workers, can be a complex process involving multiple steps and financial considerations. Since April 2024, a significant number of I-140 petitions have been rejected due to incomplete information and incorrect payments. Understanding the fee structure and providing accurate details in your application is critical to ensure that your petition is accepted.
Key Takeaways:
- Form I-140 requires two separate fees: a filing fee of $715 and an Asylum Program Fee that varies based on the petitioner’s circumstances.
- Accurate completion of Part 1 is essential, especially responses to questions 5 and 6, which determine your eligibility for reduced fees.
- Specific guidance is available for different types of petitioners (non-profit, small businesses, and individual petitioners), each with unique fee requirements.
- Separate payments must be provided for the filing fee and Asylum Program Fee.
Context:
Form I-140 has long been a critical step for individuals seeking employment-based immigrant visas. It enables U.S. employers to petition on behalf of workers in various categories, including professionals, researchers, and skilled workers. Recent changes in 2024, particularly the introduction of new fees and updated forms, have caused a spike in rejections due to administrative oversights. This has highlighted the importance of clarity in the petitioning process to avoid delays.
The Importance of Accurate Filing
Filing Form I-140 requires precision, especially in completing questions 5 and 6 in Part 1, as these are critical to determining the correct Asylum Program Fee. These questions assess whether the petitioner is eligible for reduced fees, and if left blank, the petition will be rejected.
For instance, non-profit organizations and small businesses may qualify for a reduced Asylum Program Fee of $0 or $300, respectively. However, failure to provide accurate details will lead to the application being rejected at intake, delaying the petition process.
Understanding the Fee Structure
The fees associated with Form I-140 consist of two components:
- Filing Fee: $715
- Asylum Program Fee: Varies between $0, $300, or $600 depending on the petitioner’s classification.
For example:
- Non-Profit Organizations: These entities are exempt from the Asylum Program Fee and only pay the $715 filing fee.
- Small Businesses: If employing 25 or fewer full-time employees, small businesses pay a reduced Asylum Program Fee of $300.
- Other Petitioners: All other petitioners must pay the full Asylum Program Fee of $600 in addition to the $715 filing fee, making their total payment $1,315.
Dos and Don’ts for I-140 Applicants
Filing Form I-140 requires careful attention to detail, and following a set of best practices can help avoid common errors. Whether you are an employer, a small business, or an individual self-petitioner, adhering to these dos and don’ts will ensure a smoother application process and reduce the chances of rejection.
Dos:
- Double-check all Information: Ensure that all sections of the form are completed accurately, especially Part 1, which determines your fee category. Leaving questions 5 and 6 blank is a common reason for rejection.
- Pay Correct Fees: Submit the correct Asylum Program Fee based on your classification along with the $715 filing fee. If your organization qualifies for a reduced fee, ensure you have the supporting evidence ready.
- Use Separate Payments: Provide separate payments for the filing fee and the Asylum Program Fee. Using a single payment for both or using multiple types of payment methods can result in rejection.
- Submit Supporting Documents: Make sure to attach all required supporting documents such as labor certifications, financial evidence, and proof of qualifications, depending on the nature of the petition.
- Consult an Immigration Attorney: Given the complexities of immigration law and the importance of your petition, seeking legal advice can ensure that your petition is thoroughly prepared and meets all requirements.
Don’ts:
- Don’t Leave Sections Blank: Blank sections, especially in critical parts of the form, can cause your petition to be automatically rejected. If a question doesn’t apply, use “N/A” or “None” where appropriate.
- Don’t Use Inconsistent Payment Methods: If you’re paying by check or money order, use the same method for both the filing fee and Asylum Program Fee. Combining different payment methods will result in rejection.
- Don’t Submit Incorrect Fees: Providing the wrong fee, whether underpaying or overpaying, will lead to your petition being rejected at intake. Review your answers to Part 1 carefully to ensure you are submitting the correct payment amount.
- Don’t Forget to Sign: Petitions without valid signatures will not be accepted. Ensure the appropriate person signs the form, whether it’s the employer or a representative with proper authority.
- Don’t Ignore USCIS Notifications: Keep track of all communications from USCIS, and if you receive a request for more information or a notification of rejection, respond promptly and accurately.
By following these dos and don’ts, applicants can avoid many common pitfalls in the Form I-140 filing process and improve their chances of timely approval.
Legal Aid and the Need for an Immigration Attorney
Given the complexity of the I-140 petition process, many petitioners benefit from seeking legal assistance. Immigration attorneys can guide petitioners through the intricate requirements, ensuring that all information is accurately provided and the correct fees are submitted. Legal counsel can also help prevent costly delays caused by mistakes in the petition, increasing the chances of success in the long run.
An experienced immigration attorney is particularly helpful when:
- Navigating the eligibility criteria for various categories of workers.
- Preparing supporting evidence, such as labor certifications or financial statements.
- Addressing complex cases involving multinational executives, professionals with advanced degrees, or self-petitioners under the National Interest Waiver.
Conclusion:
Filing Form I-140 is a crucial step in obtaining an employment-based immigrant visa. However, recent changes in the fee structure and requirements have caused an increase in rejections. Petitioners must ensure they are well-informed, paying the correct fees, and providing all necessary information to avoid unnecessary delays. Legal assistance can be invaluable in ensuring the petition is filed correctly, helping individuals and businesses navigate the complex U.S. immigration system.
Frequently Asked Questions (FAQs):
- What happens if I don’t provide the correct fees for Form I-140?
If you fail to provide the correct Asylum Program Fee or filing fee, your petition may be rejected at intake, causing delays in processing. - Can I submit one combined payment for the filing fee and Asylum Program Fee?
No, USCIS requires separate payments for the $715 filing fee and the applicable Asylum Program Fee. Using multiple types of payments (check, money order, or credit card) in a single package may result in rejection. - Do non-profit organizations need to pay the Asylum Program Fee?
Non-profit organizations that meet the eligibility criteria are exempt from paying the Asylum Program Fee and only need to pay the $715 filing fee. - How can I determine if I qualify for a reduced Asylum Program Fee?
You must accurately complete questions 5 and 6 in Part 1 of Form I-140. Non-profits and small businesses may qualify for a reduced fee, but failing to answer these questions correctly will result in rejection. - Should I hire an immigration attorney for my I-140 petition?
While it is not mandatory, hiring an attorney can help ensure that your petition is completed accurately, that the correct fees are paid, and that all necessary supporting documents are provided, reducing the chances of rejection.
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The information provided in this article is for general informational purposes only and does not constitute legal advice. While we strive to ensure the content is accurate and up-to-date, it is not a substitute for professional legal consultation. Immigration laws and regulations are subject to change, and their application can vary based on specific circumstances. We recommend scheduling a consultation with us to obtain advice tailored to your individual situation. The authors and publishers of this article are not responsible for any actions taken based on the information provided herein.
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