USCIS Updates on Ensuring Correct Filing Fees

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Are you in the process of filing immigration forms and worried about having your submission rejected due to incorrect fees? It’s a valid concern, but with some careful attention to detail, you can navigate the process smoothly.

USCIS has recently announced that the agency has been receiving many petitions like Form I-140, I-129, and I-129CW with incorrect fees. So, the USCIS has updated its FAQ section to help employment-based petitioners understand how to submit the correct required fees and prevent their petitions from being rejected.

  1. Understand the Fee Structure At the point of intake, USCIS will cross-check your submitted payment against the required fees. If you’ve overpaid, if the amount doesn’t align with what’s necessary for your application, your application will be rejected. To get a clear picture of the fees pertinent to your form, refer to the Filing Fees page provided by the USCIS.
  2. Form-Specific Fee Determination
  • Form I-129, Petition for a Nonimmigrant Worker: The fees vary depending on your status as a nonprofit or small employer, which is determined by specific questions in the form.
    • Question 6 in Part 1 addresses nonprofit status.
    • Question 15 in Part 5 determines small employer status.
    • Ensuring accurate answers and corresponding payments is crucial.
  • Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker: Similar to Form I-129, it also considers nonprofit and small employer statuses.
    • Question 8 in Part 1 and Question 14 in Part 5 guide the fee determination process.
  • Form I-140, Immigrant Petition for Alien Workers: This form follows a similar pattern but with its own set of questions.
    • Question 5 in Part 1 and Question 6 in Part 1 determine nonprofit and small employer statuses respectively.
    • Question 4 in Part 5 further verifies the small employer status.
  1. Documentation Accuracy
    In addition to answering the form questions correctly, ensure that the supporting documentation you submit aligns with your responses. For instance, if you claim to have 25 or fewer full-time equivalent employees, make sure your documentation supports this claim to avoid rejection.
  2. Consult the Instructions
    All USCIS forms come with detailed instructions that can clarify uncertainties. Make sure you refer to the instructions for guidance in determining your status and the corresponding fees.
  3. Double-Check Before Submission
    Before submitting your application, review all details, especially concerning fee calculations and supporting documentation. Remember, errors or discrepancies could lead to unnecessary delays or rejections.

    By following these steps and being diligent in your approach, you can prevent your filing from being rejected at intake due to incorrect fees. Remember, attention to detail is key to a successful immigration application process.

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