USCIS Tips for Smooth Employer Filings

Filing petitions for foreign workers? USCIS (U.S. Citizenship and Immigration Services) wants to make sure your application goes smoothly, and that includes getting the fees right!

They've updated their FAQs to help certain employers, especially non-profits and small businesses, avoid having their petitions rejected because of incorrect fees. Here's the breakdown:

The Key to Choosing the Right Fee:

The fees you need to pay depend on whether you're a non-profit organization or a small employer (with 25 or fewer full-time equivalent employees). This applies to these specific forms:

  • Form I-129 (Petition for a Nonimmigrant Worker)

  • Form I-129CW (Petition for a CNMI-Only Nonimmigrant Transitional Worker)

  • Form I-140 (Immigrant Petition for Alien Workers)

How to Avoid Rejection:

  • Non-Profits: If you're a tax-exempt non-profit, make sure you check the "Yes" box for that question on the form and pay the appropriate non-profit fee. USCIS provides instructions on each form to help you determine your eligibility.

  • Small Employers: If your company has 25 or fewer full-time equivalent employees (including all affiliates and subsidiaries), you qualify for a small employer discount! But there's a catch:

    • Double-Check Your Numbers: Make sure the number of employees you enter on the form matches your actual full-time equivalent calculation. USCIS may reject your petition if they can't verify this number.

Need Help Calculating Employees?

USCIS suggests using your most recent IRS Form 941 or 943 as proof of your full-time equivalent employees. You can redact salary information for privacy reasons.

What if My Numbers Don't Match the IRS Form?

No worries! Explain the difference to USCIS and provide any other relevant evidence to show your actual employee count.

More Questions?

USCIS has a wealth of information on their website, including a full fee schedule and additional FAQs on the Fee Rule. They also cover specific situations like professional employer organizations (PEOs) and seasonal workers.

Remember: USCIS wants to help your petitions succeed. By following these tips and checking their resources, you can avoid fee-related delays and get your application moving forward!

ImmigrationKaren Odalys Gutiérrez CabanillasUSCIS employment, Employer Fees, Employer & Immigration, Immigration consultants, Emploiment Rules, USCIS, Us immigration consultants, US immigration consultants