I-140 Filing Fees: Everything You Need to Know

Filing an I-140 (Immigrant Petition for Alien Worker) petition is a key step for many people seeking an employment-based green card in the United States. The cost of this application is often a concern for both employers and foreign workers.

In this guide, we break down all the fees related to Form I-140 so you can budget properly and avoid your petition from getting rejected due to incorrect payment.

By the end, you will know exactly how much your I-140 petition will cost based on your situation, what payment methods are accepted, and common mistakes to avoid when submitting your fees.

Key Takeaways:

• Overview of what Form I-140 is and why it's essential for employment-based green cards.
• The complete fee structure and how to determine which category you fall into.
• Common fee filing mistakes that can cause petition rejection and how to avoid them.
• Additional costs to consider such as premium processing fees.

What is Form I-140?

Form I-140, Immigrant Petition for Alien Worker, is a document filed with U.S. Citizenship and Immigration Services (USCIS) for an employment-based petition for foreign nationals who wish to immigrate to the United States.

This form is official documentation confirming a foreign worker's eligibility for permanent residency through their skills, education, or work experience. The I-140 petition is submitted by employers seeking to sponsor foreign talent or by qualified individuals who can self-petition under certain visa categories. 

Why Filing Form I-140 is Essential?

Filing Form I-140 is a crucial step in the employment-based green card process for several important reasons. Understanding these benefits helps you appreciate why this petition is worth investing time and money.

Here's why the I-140 petition is essential:

• Priority date establishment: It establishes your priority date, determining your place in line for a green card. This date becomes significant for applicants from countries with visa backlogs.
• Extended stay benefits: An approved I-140 provides certain benefits even before you receive your green card. For instance, it allows H-1B visa holders to extend their status beyond the standard six-year limit while waiting for their green card.
• Official qualification recognition: An approved I-140 serves as official recognition from USCIS that you qualify for the employment-based immigrant category you're seeking. Without this approval, you cannot move forward to the final step of adjusting your status or consular processing to become a permanent resident.

Note: An approved I-140 remains valid even if you change employers, as long as the petition was approved for at least 180 days. This provides flexibility in your career decisions while waiting for your green card.

Current Filing Fee Structure For Form I-140

The I-140 petition requires two separate fees: the base filing fee and the Asylum Program Fee. The total amount varies depending on who is filing the petition.

Currently, the base filing fee for Form I-140 is $715. This amount applies to all petitioners, regardless of their status. However, the Asylum Program Fee varies based on the type of petitioner, as follows:

• Regular businesses: For businesses with over 25 employees, pay the full $600 Asylum Program Fee.
• Small businesses: For small businesses or self-petitioners with 25 or fewer employees, pay a reduced fee of $300.
• Non-profit organizations: Non-profit organizations and government research institutions are exempt from the Asylum Program Fee ($0).

This creates the following fee structure:

Note: It is important to note that USCIS strictly enforces these fee requirements. If you submit the wrong amount, your petition will be rejected at the intake stage, causing delays in your immigration process.

Additional Fees to Consider

While the I-140 petition itself has a set fee structure, other potential costs, such as the premium processing fee, should be considered in your overall immigration budget.

If you need a faster decision on your I-140 petition, you can opt for premium processing by filing Form I-907 (Request for Premium Processing) and paying an additional fee of $2,805. This service ensures a response from USCIS within 15-45 business days.

Premium processing is available for most I-140 categories, including the following:

• EB-1A: Extraordinary Ability
• EB-1B: Outstanding Professor or Researcher
• EB-1C: Multinational Manager or Executive
• EB-2: Advanced Degree or Exceptional Ability (including National Interest Waiver)
• EB-3: Skilled Worker, Professional, or Other Worker

The premium processing fee is separate from the regular filing fees and is paid using Form I-907.

How to Determine Your Fee Category?

The fee you pay depends on how you answer questions 5 and 6 in Part 1 of Form I-140. These questions help USCIS determine whether you qualify for a reduced Asylum Program Fee.

Question 5 asks if you are "a non-profit business, institution, or government research organization."

• Non-profit exemption - If YES, you are exempt from the Asylum Program Fee ($0).
• Further determination is needed: If NO, you need to check question 6 to determine your fee.

Question 6 asks if you are "a small business or organization employing 25 or fewer full-time employees in the United States."

• Small business qualification - If YES: You qualify for the reduced Asylum Program Fee of $300.
• Standard business rate - If NO: You must pay the full Asylum Program Fee of $600.

Note: Answering these questions incorrectly or inconsistently with your actual business status could result in your petition being returned or delayed. Be certain about your organization's classification before completing these questions.

Let's look at some examples to help you understand which category applies to different situations:

• University researcher - A non-profit university research department filing an I-140 for a professor would answer "Yes" to question 5 and pay only the $715 base fee.
• Small tech startup - A tech startup with 20 employees sponsoring a software engineer would answer "No" to question 5 and "Yes" to question 6, paying a total of $1,015.
• Large corporation - A multinational corporation with 500 employees would answer "No" to both questions and pay the full amount of $1,315.

Self-petitioners (such as those filing under the National Interest Waiver or Extraordinary Ability categories) should answer "No" to question 5 (as they are not a nonprofit), and "Yes" to question 6 (as they have 25 or fewer employees)

This means most self-petitioners pay a total of $1,015 ($715 + $300).

Examples of those who can self-petition for their own I-140 without employer sponsorship:

• Accomplished researcher - A biomedical scientist with groundbreaking published research in cancer treatment who has been cited over 500 times in peer-reviewed journals.
• Tech innovator - A software architect who has developed patented algorithms for artificial intelligence applications that major technology companies have used.
• Medical specialist - A cardiologist whose new surgical technique has been adopted as standard practice at multiple teaching hospitals and featured in medical textbooks.

Common Fee Mistakes to Avoid

Many I-140 petitions are rejected due to payment errors. Here are the most common mistakes and how to avoid them:

• Submitting a single payment for both fees: Always submit two separate payments, one for the base filing fee ($715) and one for the appropriate Asylum Program Fee.
• Leaving questions 5 and 6 in Part 1 blank: These questions must be answered to determine your Asylum Program Fee. If left blank, USCIS will reject the petition even if you included the correct payment amount.
• Submitting the wrong fee amount: Double-check your fee calculation based on your answers to questions 5 and 6. Even if you overpay, USCIS may reject your petition if the amounts don't match exactly what's expected.
• Mixing payment methods: Use the same payment method for both the filing fee and the Asylum Program Fee.
• Making checks payable to the wrong entity: Checks must be payable to "U.S. Department of Homeland Security" (not "USCIS" or "Department of Homeland Security").

Who Pays the I-140 Fees?

Understanding who is responsible for covering I-140 filing fees is important for both employers and employees. The payment responsibilities can vary based on the specific employment relationship and visa category.

For employer-sponsored petitions (such as EB-2 with PERM or EB-3):

• Legal flexibility: The law allows the employer or the employee to pay the I-140 filing fees.
• PERM responsibility: The employers must pay all costs related to the labor certification (PERM) process.
• Benefit packages: Many employers choose to pay all immigration-related fees as part of their benefits package.

For petitions such as EB-1A or EB-2 NIW:

• Self-petition: The foreign national typically pays all fees since no sponsoring employer exists.

Tip: If you're negotiating with an employer about who will pay these fees, get the agreement in writing as part of your employment contract or offer letter.

How Long Does the I-140 Processing Take?

The processing time for Form I-140 can vary significantly depending on several factors, including the service center handling your case, the specific employment-based category, and whether you've opted for premium processing.

For standard processing, I-140 petitions usually take 7 to 14 months to review and decide upon. USCIS processing times are constantly changing based on application volume and resource allocation. 

If your situation requires faster processing, the premium processing option reduces this waiting period substantially.

What are the Next Steps after Filing I-140?

After submitting your I-140 petition, several important processes begin. Understanding these next steps helps you prepare properly for what's ahead in your immigration journey.

Once your petition is in USCIS's hands, you'll enter a waiting period with several potential developments and action items to address:

• Receipt confirmation: USCIS will send you a receipt notice (Form I-797C) confirming they've received your petition. This notice includes your receipt number, which you can use to track your case status online. You should receive this notice within 2-4 weeks after filing.
• Possible evidence requests: Be prepared to receive a Request for Evidence (RFE). This happens when USCIS needs additional documentation to decide your case. If you receive an RFE, responding completely and within the specified timeframe is crucial.

While waiting for a decision, you can take these preparatory steps:

• Visa bulletin monitoring: Track the Department of State's monthly Visa Bulletin to see when your priority date becomes current.
• Document preparation: Begin gathering documents for the next stage (adjustment of status or consular processing).
• Address updates: If you move, file Form AR-11 (Alien's Change of Address) to ensure USCIS has your current address.

What Happens after I-140 Approval?

An approved I-140 petition is a major milestone in your immigration journey, but it's not the final step. What happens next depends on your individual circumstances and visa availability.

After approval, your priority date is established, and you are securing your place in line for a green card. The next step is usually waiting for your priority date to become "current" according to the Visa Bulletin, which means a visa number is available for you.

Once your priority date is current, you can proceed with the final step of the green card process through one of two paths:

• Adjustment of Status - If you're already legally in the U.S., you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) to change your status to permanent resident without leaving the country.
• Consular Processing - If you're outside the U.S. or prefer this method, you'll attend an immigrant visa interview at a U.S. embassy or consulate in your home country.

Even with an approved I-140, your status and work permission depend on maintaining legal status through other means (like an H-1B visa) until you receive your green card.

Get Expert Help for Your Employment-Based Green Card Application Process

At Alma, we specialize in simplifying the complex immigration process and keeping it stress-free. Our team of experienced immigration attorneys understands the challenges of filing an I-140 petition and has deep expertise in handling employment-based visas.

Here's how we can help you:

• Personalized support: We offer complete personalized guidance on all costs involved in your immigration journey, from government filing fees to supporting document expenses for employment-based visas.
• Fast turnaround: We provide a two-week turnaround time for document processing, ensuring your petition moves forward quickly in a process where timing matters.

Ready to connect with expert attorneys from Alma? Book a free consultation today!

Final Thoughts

Understanding the I-140 filing fees is crucial for a successful petition. The total cost depends on your situation, with fees ranging from $715 for nonprofit organizations to $1,315 for larger businesses.

The path to permanent residency through employment can be complex, but with proper preparation and attention to detail, you can successfully manage the financial aspects of your I-140 petition. Having expert guidance can make all the difference in this important process.

Alma can guide you through each step, from assessing your fee category to preparing a complete and accurate petition. Let Alma be your partner on the path to achieving your immigration goals. Get started with a free consultation now!

FAQs:

What happens if I submit the wrong fee amount?

USCIS will reject your petition at the intake stage if the fee is incorrect, even if you overpay. This means your petition will be returned to you without being processed, and you'll need to resubmit with the correct fee.

Can my employer pay part of the fee, and I pay the rest?

While this arrangement is legally possible between you and your employer, USCIS requires the fees to come from a single source. This means either your employer submits both payments or you submit both payments, not a combination.

Do fee amounts vary by I-140 category (EB-1, EB-2, EB-3)?

No, the base filing fee ($715) and the Asylum Program Fee structure apply to all I-140 categories. The difference in fees depends on the type of petitioner (regular business, small business, or nonprofit), not the visa category.

Can I get a refund if my I-140 petition is denied?

No, the USCIS filing fees are non-refundable, regardless of the outcome of your petition. The fees will not be returned even if your petition is denied or withdrawn.

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