USCIS Reminds Certain Employment-Based Petitioners to Submit Correct Fees

USCIS Reminds Certain Employment-Based Petitioners to Submit Correct Fees

U.S. Citizenship and Immigration Services (USCIS) announced on April 29, 2024, that it has updated its Frequently Asked Questions on the USCIS Fee Rule “to help certain employment-based petitioners understand how to submit the correct required fees.”

A new added FAQ asks, How can I make sure that my filing is not rejected at intake for incorrect fees? USCIS’s response emphasizes the differences between “small employer” and “nonprofit” status and includes examples with details on how USCIS determines the required fees based on the various types of petitions and the employer’s responses to questions in the petition, and how employers should answer the questions and calculate the fees.

For example, for Form I-129, Petition for a Nonimmigrant Worker, USCIS provides several tips, including:

Part 5, Question 14 asks for your “Current Number of Employees in the United States.” If you check “Yes” to Part 5, Question 15, and you answer Question 14 with a number greater than 25, then your supporting documentation should demonstrate how you calculated the number of full-time equivalent employees as 25 or fewer. If we cannot determine the number of full-time equivalent employees, we may reject your petition.


This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Senior Associate Lawyer, Catherine Betancourt at