The USCIS Asylum Program Fee is a separate charge of $600, $300, or $0 that employers pay each time they file Form I-129, Form I-129CW, or Form I-140. The amount depends on the size of the employer and whether the organization qualifies as a nonprofit. USCIS established the fee under its 2024 fee schedule final rule, effective April 1, 2024, to fund asylum processing without drawing on congressional appropriations. It applies to every covered petition, including extensions and amendments, and USCIS will reject the whole filing if the payment is wrong.
Which Petitions Require the Fee
Under 8 CFR 106.2(c)(13), three forms trigger the Asylum Program Fee:
- Form I-129, Petition for a Nonimmigrant Worker (H-1B, H-2A, H-2B, L-1, O-1, E, P, Q, R, and TN, among others)
- Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker
- Form I-140, Immigrant Petition for Alien Workers
The regulation reaches “any petitioner filing” one of these forms and carves out no exception for extensions or amendments. A new I-129 to extend an H-1B worker for another three years owes the fee. So does an amended petition for a job change or worksite move. Each filing is its own fee obligation.1eCFR. 8 CFR 106.2 – Fees
One exclusion worth knowing: blanket L-1 petitions filed on Form I-129S do not require the Asylum Program Fee. The USCIS fee schedule lists it as an additional fee for individual I-129 L filings but not for I-129S.2U.S. Citizenship and Immigration Services. G-1055 Fee Schedule
How Much You Owe
The fee has three tiers:
- Large employers with more than 25 full-time equivalent employees pay $600 per petition.
- Small employers with 25 or fewer full-time equivalent employees pay $300 per petition.
- Qualifying nonprofits pay $0.
The fee is per petition, not per beneficiary. Three separate I-129s for three workers means three fees.3U.S. Citizenship and Immigration Services. USCIS Reminds Certain Employment-Based Petitioners to Submit the Correct Required Fees The online filing discount USCIS offers on some other fees does not apply here. Paper or electronic, the amount is the same.1eCFR. 8 CFR 106.2 – Fees
Counting Your Full-Time Equivalents
Getting this wrong is easy, and USCIS is specific about the method. Full-time equivalents means full-time workers plus part-time workers aggregated into full-time equivalents at the time of filing. Ten full-timers and ten part-timers averaging 20 hours a week (half of a 40-hour week) works out to 15 FTEs.4U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule
Include employees across all U.S. affiliates and subsidiaries. A company with 15 employees that owns a subsidiary with 12 has 27 FTEs and pays $600. You do not count employees of a parent company or the parents of any affiliates. The beneficiary of the petition does not count unless they already work for you at the time of filing.4U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule
Acceptable proof includes your most recent IRS Form 941 or a detailed employee list showing names, full-time or part-time status, average weekly hours, and the FTE calculation. Seasonal workers count when paid on W-2 wages rather than as independent contractors.4U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule
Who Qualifies as a Nonprofit
The $0 rate reaches more than 501(c)(3) charities. Under 8 CFR 106.1(f), a nonprofit for this purpose includes:
- Not-for-profit primary or secondary schools and institutions of higher education as defined in the Higher Education Act
- Organizations tax-exempt under Section 501(c)(3) of the Internal Revenue Code
- Governmental research organizations as defined at 8 CFR 214.2(h)(19)(iii)(C)
If you claim the exemption based on 501(c)(3) status, include a current IRS determination letter. Government-affiliated nonprofits should provide evidence of that connection. Missing or inconsistent documentation invites a challenge from USCIS.5eCFR. 8 CFR 106.1 – Fee Requirements
How To Pay the Fee
The Asylum Program Fee must be a separate payment from the base filing fee and from any premium processing fee on Form I-907. An I-140 filed with premium processing therefore involves three payments: base filing fee, Asylum Program Fee, and premium processing.6U.S. Citizenship and Immigration Services. Guidance on Paying Fees and Completing Information for Form I-140, Immigrant Petition for Alien Workers
For paper filings, USCIS accepts checks or money orders drawn on a U.S. bank in U.S. dollars, credit card authorization on Form G-1450, or ACH bank transfer on Form G-1650. Do not mix payment types within one filing package. If you want to pay the base fee by credit card and the Asylum Program Fee by check, split them into separate packages. USCIS may reject the whole filing when payment types are mixed.7U.S. Citizenship and Immigration Services. Pay With a Credit Card by Mail
USCIS also recommends paying each fee separately even within the same method. Use one Form G-1450 or G-1650 per fee. A single combined payment can be rejected because different fees may be routed through different processing systems.8U.S. Citizenship and Immigration Services. Filing Fees
What Happens if You Get the Fee Wrong
USCIS rejects the whole petition when the fee amount is incorrect, and that includes overpayment. Rejection means the agency returns your package without adjudicating it, and you lose the time between mailing and rejection. For an I-140, that can cost you a priority date if a visa bulletin cutoff moves against you. For a time-sensitive filing like an H-1B cap petition, it can mean missing the filing window entirely.4U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule
Once USCIS accepts the petition and cashes the payment, the fee is generally not refundable, whether the petition is approved, denied, or withdrawn. The narrow exceptions cover situations where USCIS itself made an error, such as collecting the wrong amount or causing an inappropriate filing.9U.S. Citizenship and Immigration Services. Policy Manual Volume 1 Part B Chapter 3 – Fees
Do Not Confuse This With the Annual Asylum Fee
A separate fee with a similar name entered the picture in mid-2025. The H.R. 1 Reconciliation Act of 2025 created an Annual Asylum Fee paid by asylum applicants themselves, not by employers. Failure to pay within 30 days of notification can lead USCIS to reject the pending asylum application, deny associated work authorization requests, and revoke existing work permits tied to the application; applicants without other lawful status also face removal proceedings. Rejections under that rule take effect May 29, 2026.10U.S. Citizenship and Immigration Services. DHS Announces Consequences for Unpaid Annual Asylum Fees, Unveils New H.R. 1 Requirements
That legislation did not change the employer-paid Asylum Program Fee. Employers still owe $600, $300, or $0 on each covered petition under the 2024 fee rule. Different fees, different payers, same word in the name.