I-140 fees fall into two buckets: the government charges USCIS collects, which run from $1,015 to $4,280, and attorney fees, which typically add $2,000 to $15,000 depending on the category. The government portion is fixed by rule and easy to calculate once you know your employer size, filing method, and whether you want premium processing. Attorney fees vary far more, and they climb sharply for self-petitioned EB-1A and National Interest Waiver cases.
Base USCIS Filing Fee
Every I-140 petition carries a base filing fee. Paper filings cost $715. Online filings cost $665, a $50 savings worth taking if your category is eligible for electronic submission.1U.S. Citizenship and Immigration Services. G-1055 Fee Schedule The fee is non-refundable whether USCIS approves, denies, or you withdraw the petition.2USCIS. Chapter 3 – Fees
Asylum Program Fee
On top of the base fee, most petitioners owe an Asylum Program Fee. The amount depends on who is filing:
- Regular employers with 26 or more full-time equivalent employees pay $600, bringing the paper-filed total to $1,315.
- Small employers with 25 or fewer full-time equivalent employees, and self-petitioners, pay $300, for a paper-filed total of $1,015.
- Nonprofits and government research organizations pay $0 and are exempt from this fee entirely.1U.S. Citizenship and Immigration Services. G-1055 Fee Schedule
The self-petitioner rate matters if you’re filing your own I-140 under EB-1A or an EB-2 National Interest Waiver. You pay the reduced $300 Asylum Program Fee, the same rate as a small employer, not the $600 regular rate.1U.S. Citizenship and Immigration Services. G-1055 Fee Schedule
Documenting Small-Employer or Nonprofit Status
Claiming the reduced or waived fee is not a checkbox exercise. Small employers must answer “Yes” to Part 1, Question 6 on the I-140 and report their current U.S. employee count in Part 5, Question 4. If that number exceeds 25, you have to show how your full-time equivalent count still falls at or below 25. Acceptable proof includes your most recent IRS Form 941 (quarterly return) or Form 943 (agricultural employer return).3U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule
Nonprofits claiming the full exemption answer “Yes” to Part 1, Question 5 and provide an IRS determination letter or a currently valid tax exemption certificate. USCIS requires this documentation with every filing. A prior exemption does not carry over automatically.3U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule
Premium Processing Fee
Premium processing is optional. By filing Form I-907 with your I-140, you pay $2,965 for USCIS to take action within a guaranteed timeframe.4U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees Action can be an approval, a denial, a request for evidence, or a notice of intent to deny. The guarantee is speed, not a favorable outcome.
The guaranteed window depends on your EB category:
- 15 business days for EB-1A, EB-1B, EB-2 (non-NIW), and EB-3.
- 45 business days for EB-1C and EB-2 National Interest Waiver.5U.S. Citizenship and Immigration Services. How Do I Request Premium Processing
The 45-day timeline for NIW and EB-1C catches people off guard. If you’re filing a National Interest Waiver expecting 15 business days, recalibrate. You’re looking at over two months of business days.
If USCIS issues a request for evidence or a notice of intent to deny, the premium processing clock stops. A fresh clock, the full 15 or 45 business days, starts only after USCIS receives your response.5U.S. Citizenship and Immigration Services. How Do I Request Premium Processing Total wall-clock time from filing to decision can stretch well beyond the guaranteed window when a case draws an RFE.
If USCIS misses the deadline, you get the $2,965 back, and they keep working the case at the normal pace. The one exception: USCIS can keep the fee and blow past the deadline without penalty if they open a fraud or misrepresentation investigation related to the petition.6USCIS. Form I-907, Instructions for Request for Premium Processing Service
Is Premium Processing Worth It
Standard I-140 processing times vary sharply by category. As of early 2026, EB-2 (non-NIW) and EB-3 skilled worker petitions tend to process in roughly 4 to 5 months. EB-1A and EB-1C petitions can take 19 to 22 months. NIW petitions similarly run over 22 months without premium processing.
For an EB-2 or EB-3 petition with a wait of a few months, $2,965 buys convenience. For an EB-1A or NIW case facing close to two years, skipping premium becomes much harder to justify, especially when nonimmigrant status maintenance depends on getting the I-140 resolved.
Attorney Fees
Government fees are the predictable part. Attorney fees are where budgets get unpredictable. Most immigration lawyers charge a flat fee for I-140 work rather than billing hourly, which gives you a number upfront. Hourly rates in immigration law generally run $200 to $500, but flat fees are more common for petition-based work because the scope is defined from the start.
For employer-sponsored EB-2 or EB-3 petitions where the employer has completed a PERM labor certification and the legal arguments are relatively straightforward, attorney fees commonly fall in the $2,000 to $5,000 range. The work centers on assembling documentation the employer already has and aligning the petition with the approved labor certification.
EB-1A and National Interest Waiver cases are different. These petitions require building a persuasive case from scratch, compiling evidence of extraordinary ability or demonstrating that a job-offer waiver serves the national interest. The attorney is constructing an argument, not just filling in forms. Fees typically start around $8,000 and can exceed $15,000 for complex matters requiring extensive expert opinion letters or significant research.
If something unexpected arises during a flat-fee engagement, such as a request for evidence requiring substantial additional work, you may owe extra fees at an hourly rate. Ask upfront whether the flat fee covers an RFE response or if that’s billed separately. RFEs are far from rare in EB-1 and NIW cases.
Who Pays: Employer or Employee
For employer-sponsored petitions, the employer is the petitioner and generally bears the filing costs. The Asylum Program Fee comes with restrictions: USCIS has stated that existing Department of Labor regulations limiting when a beneficiary can be charged for petitioner-related expenses remain in effect.3U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule In practice, the employer pays the base filing fee and the Asylum Program Fee.
Premium processing sits in a grayer area. Many employers pay it when the faster timeline serves a business need, such as filling a critical role quickly. When the employee wants premium processing for personal reasons, some employers allow the employee to pay that fee directly. The arrangement varies by company and should be spelled out before filing.
For self-petitioners filing EB-1A or NIW, you’re both the petitioner and the beneficiary, so you pay everything.
Fee Waivers and Refunds
USCIS does not grant fee waivers for the I-140. Form I-912, the standard fee waiver application, is limited to specific forms, such as naturalization applications and green card renewals. Employment-based immigrant petitions are not on the list.7U.S. Citizenship and Immigration Services. Form I-912, Instructions for Request for Fee Waiver The Asylum Program Fee is also non-waivable, though nonprofits and government research organizations are exempt from it entirely.
If the petition is denied and you want to refile, you pay the full filing fee again. USCIS fees are non-refundable regardless of outcome, and a refile is treated as a new petition with new fees.8U.S. Citizenship and Immigration Services. Filing Fees
How to Pay
Since October 28, 2025, USCIS requires electronic payment for all paper-filed forms, including the I-140.9U.S. Citizenship and Immigration Services. USCIS to Mandate Electronic Payments for Applications You have two options:
- Credit or debit card, authorized by submitting Form G-1450 with your petition.
- ACH bank transfer, authorized by submitting Form G-1650 for a direct debit from a U.S. bank account.10U.S. Citizenship and Immigration Services. Electronic Payments – Policy Alert
Checks and money orders are no longer accepted unless you qualify for a paper payment exemption under Form G-1651. That exemption is narrow. It applies when you lack access to banking services, when electronic payment would cause undue hardship, or in limited circumstances involving national security.11U.S. Citizenship and Immigration Services. G-1651, Exemption for Paper Fee Payment
A declined card or unfunded transaction has consequences beyond a delayed filing. USCIS does not retry failed payments; they reject the petition for lack of payment. If USCIS issued a receipt notice before the payment problem surfaced, that receipt becomes void and you lose the filing date. For an I-140, losing the filing date means losing your priority date, which determines your place in the green card queue.2USCIS. Chapter 3 – Fees If the petition was already approved when the payment failure surfaces, USCIS can revoke the approval, sending a Notice of Intent to Revoke that gives you a chance to cure by paying the correct amount. Confirm your payment method has sufficient funds and that any card limits can handle the transaction before filing.