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Frequently Asked Questions on the USCIS Fee Rule

On Jan. 31, 2024, USCIS published a final rule that, for the first time since 2016, adjusts certain immigration and naturalization benefit request fees. With the final rule, we can recover our operating costs more fully and support timely processing of new applications. Unlike many other federal agencies, we are almost entirely fee funded. About 96% of our funding is from filing fees, and only about 4% is from congressional appropriations.

This final rule went into effect on April 1, 2024.

We consolidated the questions and answers below from questions that stakeholders submitted through our national engagement and other channels. You can also view the PowerPoint presentation (PDF, 469.54 KB) from this national engagement.

Frequently Asked Questions

Q. Why does USCIS need a new fee schedule?

A. The fee schedule from 2016 no longer covers the operational costs of adjudicating USCIS immigration and naturalization benefits in a timely way. We need higher fees to cover the cost of doing business and better avoid the accumulation of future backlogs.

Q. What about funding from Congress?

A. We receive 96% of our funding from filing fees, not from congressional appropriations.

Fortunately, Congress provided much-needed support in fiscal year 2022, appropriating $275 million specifically to reduce current backlogs and advance our humanitarian mission. Congress also supported our refugee and asylum activities with appropriations of $133 million in FY 2023 and $145 million in FY 2024.

We will require continued congressional support to eliminate our current backlogs. We intend for the new fee rule to allow us to keep pace with incoming cases and prevent backlogs from growing.

We also continue to require congressional funding to sustainably and fully address the increased volume of cases associated with recent border crossers. This includes the need to hire additional USCIS personnel to better manage the number of cases we now receive.

Q. How did current backlogs accumulate in the first place?

A. As described in our Fiscal Year 2022 Progress Report (PDF, 1.08 MB) , immigration filings decreased dramatically in the wake of the COVID-19 pandemic, and revenue temporarily dropped by 40%. A hiring freeze and workforce attrition reduced the agency’s capacity to complete cases, even as incoming caseloads rebounded to pre-COVID levels.

We lifted our hiring freeze in March 2021, and we are working to fill current vacancies by recruiting and training new staff— we are hiring !

We have continued to deliver improved services even in advance of the new fee rule. To stay on a strong fiscal footing and continue improving our delivery of timely decisions, we need the resources that this fee rule will provide.

Q. How will the new fee schedule affect USCIS backlogs and processing times?

A. We recognize that when there are backlogs, people experience longer wait times to receive decisions. We understand the impact of such delays on those we serve, and emphasize that our core mission is to ensure the timely processing of immigration requests.

Fiscal year 2023 was the first year that we successfully reduced our backlog in more than a decade—a reduction of 15%. This progress occurred even as we experienced a record year in filings received—10.9 million during FY 2023, compared with a more typical level of 9 million receipts in FY 2022 and FY 2021. The backlog grew by 16% in FY 2022, which was slower growth than the two previous years—43% in FY 2021 and 26% in FY 2020.

The slower backlog growth rate in FY 2022 and decline in FY 2023 were driven by ongoing efforts to increase hiring and develop new efficiencies in case processing. Congress also supported this effort with $275 million in appropriated funding in FY 2022.

The new fee schedule will allow USCIS to more fully recover our operating costs, reestablish and maintain timely case processing, support the development and implementation of tools that further increase our efficiency and improve the customer experience, and help prevent the accumulation of future case backlogs.

For more information, please see our FY 2023 progress report and historical median processing times .

Q. How much revenue does USCIS expect to receive under the new fee schedule?

A. We expected the previous fee schedule, in place since 2016, to yield an average of $3.28 billion per year (excluding fees for premium processing and temporary programs). Under the fee schedule proposed in January 2023, we would have received an estimated average of $5.2 billion per year.

Under this final rule, we expect to receive an average of $4.42 billion per year. This is 14.1% less revenue—and less cost burden on those filing requests—than the proposed rule. This final rule removed $727 million of average annual estimated costs by transferring costs to premium processing revenue, reducing the work to be funded by the Asylum Program Fee, and considering the budget effects of improved efficiency measures.

The final fee rule is expected to generate an additional average $1.14 billion per year in agency revenue compared with the previous fee schedule baseline. This is the amount necessary to match agency capacity with projected workloads, so that backlogs do not grow in the future.

Q. When was the last time USCIS increased fees?

A. We published our previous fee schedule in a fee rule (PDF) that went into effect more than 7 years ago, on Dec. 23, 2016.

Q. Why does USCIS need a “carryover” balance of cash reserves?

A. The Government Accountability Office acknowledges that fee-funded agencies may need to designate funds as operating reserves to weather periods when revenue collections are lower than costs. For federal entities such as USCIS that rely almost entirely on fee revenue, it is critical that they maintain a sufficient “carryover” balance of cash reserves, helping ensure that adequate funds are available to meet daily obligation and outlay requirements. Historically, for example, our fee revenue in the first quarter of the fiscal year is low due to seasonal filing patterns and expenses are higher due to contract year startups. Therefore, carryover funds are necessary to pay federal salaries, maintain expenses, and award certain contracts during periods of cash flow deficits. DHS FMPM Section 2.12, Fee Review and Guidance, requires USCIS to have a carryover balance at the end of each fiscal year to meet the forecast expenses for the first three months of the fiscal year.

For more on the importance of maintaining a healthy carryover balance, please our FY 2022 Progress Report (PDF, 1.08 MB) , in particular Section IV, “From Fiscal Crisis to Fiscal Responsibility.”

Q. How will this rule change the USCIS fee schedule, in summary?

A. Core elements of the final rule include the following:

For individual filers, the final rule generally limits newly established fees to no more than the increase in the Consumer Price Index since 2016, which is 26%. Many such fees will increase by well under 26%.
The final fee rule holds fee increases to a low level for naturalization and adoption applications and petitions.
The final fee rule mitigates higher fees for employer filers with special discounts for nonprofits and small employers.
The final fee rule codifies existing fee waiver eligibility for low-income and vulnerable populations; expands fee exemptions for certain humanitarian and other beneficiaries; and expands the reduced fee option for certain individuals who apply for naturalization.
There will be a $50 discount for most who file forms online instead of by paper mailing, when an online filing option is available.

Q. How is the final rule different from the proposed rule?

A. We published a Notice of Proposed Rulemaking in January 2023 and received more than 5,400 unique public comments in response. Acknowledging this feedback from stakeholders, the final fee rule includes several important changes from the proposed rule.

Every fee in the final rule is either the same or lower than in the proposed rule.

In the final rule, we made the following changes from the proposed rule:

Lowered our required annual cost recovery by $727 million, in part by considering the budget effects of improved efficiency measures;
Implemented a standard $50 discount for online filers;
Provided special fee discounts for nonprofits and small employers;
Allowed half-price ($260) Employment Authorization Document applications for adjustment of status applicants and a reduced fee ($950) for adjustment of status applicants under the age of 14 in certain conditions;
Expanded eligibility for reduced-fee naturalization applications ($380) for individuals who demonstrate household income between 150% and 400% of the Federal Poverty Guidelines;
Expanded fee exemptions for certain USCIS adoption-related processes, including a second extension, a second change in country, a duplicate approval notice request, and Certificates of Citizenship and Naturalization; and
Expanded fee exemptions for Special Immigrant Juveniles self-petitioners; victims of human trafficking (T visa) and certain criminal activity (U visa), and domestic violence (self-petitioners under the Violence Against Women Act); U.S. military service members and our Afghan allies; and families pursuing intercountry adoption,

Q. What additional changes are in the final rule?

A. We also kept the following changes from the proposed rule. Specifically, the final rule:

Incorporates biometric services costs into the main benefit fee and eliminates a separate biometric services fee in most cases (Temporary Protected Status and the filings accepted on behalf of the Executive Office for Immigration Review are exceptions, where the final rule establishes a separate biometric services fee of $30 instead of the $85 pre-4/1/2024 fee);
Eliminates the $30 returned check fee;
Requires separate filing fees for Form I-485 (adjustment of status), Form I-131 (travel document), and Form I-765 (employment authorization), including when the forms are filed together;
Establishes separate fees for Form I-129, Petition for a Nonimmigrant Worker, by nonimmigrant classification;
Limits the number of named beneficiaries on certain petitions for nonimmigrant workers to 25;
Revises the premium processing timeframe calculation from calendar days to business days;
Clarifies that we will not redeposit checks that are dishonored as unpayable for a reason other than insufficient funds (such as stop payment or closed account);
States that fees paid with a credit card are not subject to dispute, chargeback, forced refund, or return to the cardholder for any reason except at our discretion;
Revises certain USCIS processes for adoptions from countries that are not party to the Hague Adoption Convention (orphan cases) to align them with the processes for adoptions from countries that are party to that convention;
Provides fee exemptions for adoptees filing applications for a Certificate of Citizenship and naturalization based on adoption;
Revises regulations related to genealogy searches, reducing fees for genealogy online requests as well as providing copies of records that are digitized with the index search to help with our backlog reduction efforts; and
Establishes a fee for Form G-1566, Request for Certificate of Non-Existence.

Q. How does the final fee rule affect USCIS forms?

A. Please see the fee schedule table below to view a full list of the revised forms that go into effect when the new fees take effect on April 1, 2024. We will accept prior editions of most forms during a grace period from April 1, 2024, through June 3, 2024. During this grace period, we will accept previous and new editions of certain forms, filed with the correct fee.

There will be no grace period for the following new forms, however, because they must be revised with a new fee calculation. Filers should click the links below to access a preview version of each new form edition prior to the April 1, 2024, effective date:

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;
Form I-600A, Application for Advance Processing of an Orphan Petition (and Form I-600A/I-600 Supplements 1, 2, and 3); and
Form I-600, Petition to Classify Orphan as an Immediate Relative (and Form I-600A/I-600 Supplements 1, 2, and 3).

We will use the postmark date of a filing to determine which form version and fees are correct but will use the received date for purposes of any regulatory or statutory filing deadlines.

The fee rule edition of Form N-400, Application for Naturalization , will incorporate a request for a reduced fee, eliminating the need to submit Form I-942, Request for Reduced Fee. If you are requesting a reduced fee using the new edition of the form, do not submit Form I-942. If you apply during the grace period and use the prior edition of Form N-400 and you wish to request a reduced fee, you will need submit Form I-942.

Q. If forms are postmarked by March 31, 2024, will the current (pre-April 1) USCIS fees apply, even if USCIS does not receive the forms before April 1, 2024?

A. The correct fee and form version is based on the postmark date of the filing, not the date that we receive it. Forms with a postmark date of March 31, 2024, or earlier must be submitted with the current (pre-April 1) fees. Forms with a postmark date of April 1, 2024, or later must be submitted with the fee implemented by the new fee rule and listed on the Fee Schedule, Form G-1055 . We encourage you to use the online filing option when it is available.

Q. Can you explain how your lockbox staff use the postmark for commercial couriers such as FedEx and UPS?

A. Our lockbox facilities accept courier deliveries from UPS, FedEx, and DHL. For commercial couriers, the postmark date is the date on the shipping label. If there is no shipping date on the label, we consider the date you printed the label to be the postmark date. If the label does not have a shipping date or a print date, we will consider the postmark date to be 10 days before we received the package at the lockbox.

Q. When will USCIS release the new forms?

A. On March 1, 2024, we published the OMB-approved preview version of the 04/01/24 version of Forms I-129 , I-129CW , I-140 , and I-600 / I-600A /Supplements on each form’s landing page. For all other forms, we will publish the 04/01/24 version on April 1, 2024, and we will allow prior editions during a grace period from April 1 to June 3, 2024. For Forms I-129, I-129CW, I-140, and I-600/I-600A/Supplements, there will be no grace period because we are changing the forms for fee calculation.

Q. Will you release a new edition of the USCIS Pre-Order Instructions (for those filing USCIS forms for adjudication in court) to reflect the change in the biometrics fee?

A. Yes. We are striving to update our many pages of internal and public guidance for every applicable area to reflect the changes in the 2024 fee rule before they take effect on April 1. A new edition of the USCIS Pre-Order Instructions is on our Immigration Benefits in EOIR Removal Proceedings page.

Q. What happens to online filers after April 1, 2024?

A. If you have already submitted a benefit request either online or in paper form, the fee rule does not affect that pending request and you need to take no further action.

We provided new versions of forms on April 1, 2024, and so now you cannot submit older versions of forms.

On April 1, 2024, we deleted any drafts of Form N-400, Application for Naturalization , in progress, and you will have to restart the Form N-400 application. We had to do this because Form N-400 is the only form currently available for online filing for which the online version did not have a grace period when the new form version was required starting April 1. We notified users in their myUSCIS accounts that such drafts would be deleted and they would need to start a new application on April 1.

For all other forms, however, we updated drafts in progress on April 1 with the new version of the respective form.

Q. Where can I find the latest information about fees?

A. We will no longer include information about fees in the instructions of our forms. You can see a comprehensive list of fees by viewing, Fee Schedule, Form G-1055 .

In addition, our online fee calculator is available to determine the current fee for any form processed at a USCIS lockbox facility (which is the great majority of our forms).

Q. How did DHS calculate the various fee increases in the final rule?

A. DHS is authorized under statute to recover the full costs of providing USCIS services, including the costs of services provided without charge to asylum applicants and other noncitizens. In other words, we are permitted to collect fees that may cover our total operational costs.

This means that the fees for a particular form may include the unit cost of adjudicating that form, plus an additional amount to cover the agency’s non-adjudication overhead expenses. As part of that overhead, filers who pay the full fee may cover our costs to adjudicate fee-exempt, fee-reduced, and fee-waived cases.

In addition, the fee rule includes a new Asylum Program Fee of $600 that employers pay if they file either Form I-129, Petition for a Nonimmigrant Worker ; Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker ; or Form I-140, Immigrant Petition for Alien Workers . The fee covers some of the costs associated with asylum processing, which does not include its own fee. This fee increase for employer petitioners mitigates the size of the fee increases for many individual filers.

In response to public comments, the final rule provides special relief for nonprofit petitioners (who will not pay the Asylum Program Fee) and for small employer petitioners with 25 or fewer full-time equivalent employees (these petitioners will pay half-price, or a $300 Asylum Program Fee).

In addition, for the fees for Form I-129 and Form I-129CW, nonprofits and small employers will pay a discounted fee of up to 50% off. We continue to emphasize that Congress could reduce the burden on our fee-paying customers by fully funding our humanitarian mission, as it does for other agencies.

Q. Why does the final rule increase the H-1B registration fee?

A. In 2019, a different rule (PDF) established a $10 registration fee per beneficiary for H-1B registrations. The $10 registration fee is separate from, and in addition to, the H-1B petition filing fee for Form I-129. We require the registration fee regardless of whether the prospective petitioner’s registration is selected. At that time, we did not have sufficient data to precisely estimate the costs of the registration process and implemented the $10 fee to provide an initial stream of revenue to fund part of the costs to USCIS for operating the registration program.

The $215 H-1B registration fee under the new fee rule is based on empirical cost estimates, as anticipated in the implementing regulation. See 88 FR 402 , 500-501 (Jan. 4, 2023). Using results of the fiscal year 2022/2023 fee review, DHS based the fee on the activity costs for informing the public and management and oversight. DHS also recognizes the burden saved for H-1B filers through this registration system.

Please note that H-1B registration fee during the March 2024 H-1B registration period will remain $10, and the new $215 registration fee under the new fee rule will not be charged to prospective employers until the March 2025 registration period.

Q. Why does the final rule increase EB-5 program fees?

A. The final rule increases EB-5 program fees consistent with the fees for other benefit requests. As explained in the final rule, the fee amounts indicated by the full cost recovery model for the immigrant investor forms are not capped or decreased below the estimated full cost recovery as with some other forms, and DHS believes that the requirements for financial wherewithal in the program are inconsistent with shifting the costs of the EB-5 program to be funded by the fees paid for other requests.

DHS has begun the fee study required by the EB-5 Reform and Integrity Act of 2022 (PDF) to meet the additional fee guidelines and processing time requirements. The law requires DHS to set fees for EB-5 program-related immigration benefit requests at a level sufficient to recover the costs of providing such services and completing the adjudications within certain time frames.

For each relevant form, the following table (adapted from Table 1 of the final fee rule) compares the previously enacted fee, the fee from the January 2023 Notice of Proposed Rulemaking (NPRM), and the final rule fee that goes into effect on April 1, 2024.

On or before this effective date, we will also post an updated comprehensive fee schedule on our Fee Schedule webpage.

Q. What does the final rule say about fee waivers? A. Fee waiver eligibility is based on an inability to pay, and fee waivers are available for applicants who receive means-tested public benefits, have income at or below 150% of the Federal Poverty Guidelines , or who demonstrate financial hardship.

You can find a complete list of forms eligible for fee waiver requests in the section below under “Fee Exemptions and Fee Waivers Chart.”

Q. Where can I find the 2024 Federal Poverty Guidelines?

A. The 2024 guidelines are available online, and the U.S. Department of Health and Human Services updates them annually. We will no longer publish the guidelines in Form I-912P or Form I-942P. However, we have created a new page for Poverty Guidelines with the information about the percentages of household income relevant for fee waivers and fee reductions.

Q. Will there be a way to request a fee waiver while filing online?

A: Currently, you must submit a paper form if you are submitting a fee waiver. We are working toward making fee waiver requests available through our online platform and will inform the public when this feature is available.

Q. If someone requests a fee waiver using an older version of Form I-912, Request for Fee Waiver , will USCIS still adjudicate the request and, if so, under which fee waiver rules? For example, will USCIS still apply the new rules regarding means-tested benefits received by family members?

A. Yes, we accept the current or older versions of Form I-912, but we apply the new fee waiver rules to all filings postmarked on or after April 1, 2024, regardless of whether the filing includes an older version of Form I-912 that reflects the former rules.

Q. If USCIS rejects a fee waiver request, and the application is resubmitted with the fee payment, will the receipt date be the date of the fee waiver submission or the date of the fee payment?

A. We will not backdate the receipt date. The received date will be the received date of resubmission.

Q. What is the difference between a "fee waiver” and a “fee exemption”?

A. We grant a “fee waiver” for certain forms when the filer demonstrates their inability to pay based on receipt of a means-tested benefit, household income at or below 150% of the Federal Poverty Guidelines , or extreme financial hardship. When we create a “fee exemption” for particular forms or filers, the form is automatically free, and the filer does not need to individually demonstrate an inability to pay.

Q. How does the fee rule expand fee exemptions?

A. Before this final rule, we provided fee exemptions (authorized under the Immigration and Nationality Act section 286(m), 8 U.S.C. 1356(m)) through policy guidance documents, such as form instructions, our policy manual, and similar directives, but not always in regulations. In this final rule, we codify several longstanding fee exemptions, including for humanitarian-related forms, because of the humanitarian nature of these programs and the likelihood that people who file requests related to these categories will qualify for a fee waiver if they request it.

In addition, the final rule provides new fee exemptions for certain immigration benefit requests, including:

All forms associated with an application for T nonimmigrant status through final adjudication of the Form I-485, the application for adjustment of status to lawful permanent resident;
All forms associated with a petition for U nonimmigrant status, including the filing of a Form I-485;
All forms associated with a self-petition under the Violence Against Women Act (Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant) through final adjudication of the adjustment of status application;
Conditional permanent residents seeking a waiver of the Form I-751, Petition to Remove Conditions on Residence, joint-filing requirement based on battery or extreme cruelty;
Abused spouses and children seeking benefits under the Nicaraguan Adjustment and Central American Relief Act (NACARA) for most forms filed through final adjudication for adjustment of status to legal permanent resident, including Form I-765 and Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA)), and associated forms;
Benefits for Special Immigrant Afghan or Iraqi translators or interpreters, Iraqi nationals employed by or for the U.S. government, or Afghan nationals employed by or for the U.S. government or employed by the International Security Assistance Force and their derivative beneficiaries, including filing Forms I-765, I-290B, I-824, I-485, I-212, I-601, and I-131;
Special Immigrant Juveniles for most forms through final adjudication of the adjustment of status application, including Form I-485 and associated forms;
Certain adoption-related applications or requests, including second extensions, second changes in country, duplicate approval notices, and Certificates of Citizenship and Naturalization;
Form I-131, Application for Travel Document, for persons admitted or paroled as refugees, including legal permanent residents who obtained such status as refugees in the United States; and
Current and former U.S. armed forces service members, including people who served honorably on active duty in the U.S. armed forces, including Forms I-765, I-485, I-360, and Form I-131.

You can find a complete list of previous and additional fee exemptions in the final rule in Tables 5A, 5B, and 5C, as well as in the section below under “Fee Exemptions and Fee Waivers Chart.”

Q. Are there any special forms or eligibility requirements to file for fee exemptions?

A. No. Fee exemptions do not require a separate form or eligibility criteria, although we may require evidence for the fee exemption. We identify a fee exemption by the category or basis of filing identified in the form. Do not submit a fee when the form is fee exempt.

Q. For humanitarian applications that are fee-exempt, do we need to file Form I-912, Request for Fee Waiver?

A. No. You do not need to file Form I-912 with applications that are fee-exempt.

Q. If someone includes a fee for something that should be fee-exempt, will the fee be returned?

A. Do not submit a fee when filing for a fee-exempt category. We may intake the fee and not return the fee if you submit a fee with a fee-exempt form.

Q. How much did USCIS have to increase other fees to provide the new fee exemptions in the final rule?

A. In the final rule, we forecasted that, as a general matter, the revenue represented by the new fee exemptions is about 3% of the total forecasted revenue. Fee-exempt services have no effect on those fees that are capped at a certain amount in the final rule.

Q. Is there a fee exemption for Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, for VAWA petitioners, T nonimmigrants, or other protection-based filers?

A. No, the fee exemptions for Form I-102 only apply to certain military-related applicants and those seeking a replacement due to DHS error. However, self-petitioners under the Violence Against Women Act (VAWA), people seeking T nonimmigrant status, and those filing under other humanitarian and protection-based categories may request a fee waiver for Form I-102, as with any other fees associated with their humanitarian or protection-based status. They may also visit the Customs and Border Patrol website to obtain a paper version of an electronic Form I-94.

Q. The instructions for Form I-912, Request for Fee Waiver , imply that Form I-485, Application to Register Permanent Residence or Adjust Status , would not be fee exempt for those adjusting status under VAWA or as a T or U nonimmigrant. Is that correct?

A. No. As discussed further below, Form I-485 is fee exempt for applicants seeking to adjust status as VAWA self-petitioners and for those applying under INA 245(l) (T nonimmigrants) or INA 245(m) (U nonimmigrants).

Q. Which fees are reduced but not waived or exempted in the final fee rule?

A. Under the final fee rule:

There will be a $50 discount for the forms that may be filed online with USCIS, except in limited circumstances, such as when the form fee is already provided at a substantial discount or the law prohibits us from charging a full cost recovery level fee.
There will be no separate biometric services fee for most applicants.
Individuals seeking adjustment of status will pay $260, which is half the standard fee, for Form I-765, Application for Employment Authorization , if they paid the full fee for a concurrently filed or pending adjustment application if the Form I-485 is filed on or after April 1, 2024, and while it remains pending.
Nonprofits and small employers (25 or fewer full-time equivalent employees) filing Form I-129, Petition for a Nonimmigrant Worker , will pay a 50% discounted fee (or the same fee as under the previous fee rule, if 50% of the standard new fee would be less than the previous fee).
Naturalization applicants filing Form N-400 who have incomes between 150% and 400% of the Federal Poverty Guidelines will pay $380, which is half the full fee. Previous regulations provided the half-price fee for N-400 applicants whose incomes were between 150% and 200% of the Federal Poverty Guidelines.

Q. What fee reductions and exemptions are available for nonprofits and institutions of higher education?

A. Nonprofit petitioners (including institutions of higher education) qualify for a reduced fee for Forms I-129 and I-129CW, and do not need to pay the Asylum Program fee for those forms or Form I-140. For further discussion, see “Employment-Based Forms and Fees” below.

Q. Which forms are available for online filing?

A. See Forms Available to File Online for a complete list.

Q. Why is there a $50 discount for filing forms online instead of filing them by mail?

A. We encourage online filing—when available—for a more efficient electronic submission and adjudication process. It requires significant operational resources to intake, store, and handle paper submissions. Also, information recorded on paper cannot be effectively standardized for data entry. Every request submitted online instead of on paper provides direct and immediate cost savings and operational efficiencies to both USCIS and filers—benefits that will increase throughout an individual’s immigration journey as more forms become available for online filing and case management.

Q. Which forms currently available to file online will not get an online discount?

A. Although the $50 discount applies to most forms filed online with USCIS, there are limited circumstances where it does not apply, such as when the form fee is already provided at a substantial discount, or the law prohibits USCIS from charging a full cost recovery level fee.

Such online forms that will not receive the online filing discount include:

Form I-765, Application for Employment Authorization (only for applicants who filed Form I-485 with a fee after April 1, 2024, and the I-485 remains pending);
Form I-821, Application for Temporary Protected Status;
Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
Form I-907, Request for Premium Processing Service; and
H-1B Registration Fee.

Q. As additional forms become available for online filing, will they also receive the online filing discount?

A. In general, yes. However, certain forms will not receive the online filing discount when they become available for online filing, such as when the form fee is already provided at a substantial discount. Such future online forms include:

Form I-129, Petition for a Nonimmigrant Worker (only when filed for an H-1B worker by a small employer or nonprofit that already receives a discounted fee);
Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker (only when filed by a nonprofit or small employer that already receives a discounted fee);
Form I-131, Application for Travel Document (only when requesting a Refugee Travel Document);
Form I-192, Application for Advance Permission to Enter as a Nonimmigrant (when filed online with U.S. Customs and Border Patrol (CBP));
Form I-193, Application for Waiver of Passport and/or Visa (when filed online with CBP);
Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (when filed online with CBP);
Form N-400, Application for Naturalization (when requesting a reduced fee due to household income at or below 400% of the Federal Poverty Guidelines).

Q. Does the online filing discount apply to other fees besides form fees?

A. No. The online filing discount applies only to fees for forms. It does not apply to additional fees associated with certain benefit requests, such as the Asylum Program Fee, American Competitiveness and Workforce Improvement Act fees, fraud detection and prevention fees (for H-1B, H-2B, L, and CW-1 petitions), or premium processing fees.

Q. Can I file concurrently when one form is available to file online but the other form can only be filed on paper?

A. For now, no. For example, if you wish to concurrently file Form I-130 (which is currently available for online filing) along with Form I-485 (which is currently only available for paper filing), then you must file both forms on paper. If you choose to file Form I-130 online, then , you must wait to receive a receipt notice (Form I-797) to obtain the $50 online filing discount You must then include the receipt notice when you file Form I-485.

Q. If separate fees are required when I file multiple forms together, may I pay with one check?

A. No. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process multi-form submissions. We may reject your entire package if you submit a single, combined payment for multiple forms.

Q. In general, when filing one form that includes multiple fees (for example, Form I-129 for an H-1B, H-2A, or H-2B nonimmigrant), are multiple payments required?

A. For online filings, you must pay all the fees associated with one form submission simultaneously.

For filing by mail and paying by check or money order, we recommend submitting each related payment separately, because doing so provides more flexibility for addressing fee issues. All payments within a submission must be the same type—check, money order, or credit card—because the Lockbox cannot process filings containing different payment types.

Q. Can USCIS increase credit card limits when the new fees go into effect?

A. There is a daily transaction limit of $24,999.99 per credit card, set by the Department of the Treasury.

For the fiscal year 2025 H-1B cap filing season , however, the Department of the Treasury has given USCIS an exemption to the $24,999.99 limit in order to provide a limit of up to $99,999.99 for H-1B registrations and petitions submitted online using one credit card. This waiver does not apply to other filings.

We can no longer accept credit card payments for Form I-956 and Form I-956F because the fee for these forms exceeds the daily transaction limit.

Q. Can attorneys or accredited representatives who file forms through their online account pay the associated fees online?

A. Yes. Once the form is signed, you can submit the form and the fee payment using an organizational account as a legal representative. See the “Demonstration of Organizational Accounts for Legal Representatives” video on our YouTube channel or our Organizational Accounts FAQ for more information.

Q. How can I make sure that my filing is not rejected at intake for incorrect fees?

A. At intake, we determine whether the payment you submitted matches the correct fees due. If you do not submit the correct fee, we must reject your form, even if you have submitted an overpayment. Please see our Filing Fees page for more details.

If you are submitting one of the following forms, the required fees depend on how you answer the form’s questions about your status as a nonprofit or small employer.

Form I-129, Petition for a Nonimmigrant Worker:

Part 1, Question 6 asks “Are you a nonprofit organized as tax exempt or a governmental research organization?” If you answer “Yes,” then you must submit the proper payment for a nonprofit, and not for a small employer. To determine whether you qualify as a nonprofit, please refer to page 7 of the Form I-129 Instructions (PDF, 549.11 KB) .

Part 5, Question 15 asks “Do you currently employ a total of 25 or fewer full-time equivalent employees in the United States including all affiliates or subsidiaries of this company/organization?” If you answer “Yes,” then you must submit the proper payment for a small employer (unless you checked “Yes” in Part 1, Question 6 for nonprofits, as described above).

In addition, Part 5, Question 14 asks for your “Current Number of Employees in the United States.” If you check “Yes” to Part 5, Question 15, and you answer Question 14 with a number greater than 25, then your supporting documentation should demonstrate how you calculated the number of full-time equivalent employees as 25 or fewer. If we cannot determine the number of full-time equivalent employees, we may reject your petition.

Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker:

Part 1, Question 8 asks “Are you a nonprofit organized as tax exempt or a governmental research organization?” If you answer “Yes,” then you must submit the proper payment for a nonprofit, and not for a small employer. To determine whether you qualify as a nonprofit, please refer to page 3 of the Form I-129CW Instructions (PDF, 304.39 KB) .

Part 5, Question 14 asks “Do you currently employ a total of 25 or fewer full-time equivalent employees in the United States including all affiliates or subsidiaries of this company/organization?” If you answer “Yes,” then you must submit the proper payment for a small employer (unless you checked “Yes” in Part 1, Question 8 for nonprofits, as described above).

In addition, Part 5, Question 13 asks for your “Current Number of Employees in the United States.” If you check “Yes” to Part 5, Question 14, and you answer Question 13 with a number greater than 25, then your supporting documentation should demonstrate how you calculated the number of full-time equivalent employees as 25 or fewer. If we cannot determine the number of full-time equivalent employees, we may reject your petition.

Form I-140, Immigrant Petition for Alien Workers:

Part 1, Question 5 asks “Are you a nonprofit organized as tax exempt or a governmental research organization?” If you answer “Yes,” then you must submit the proper payment for a nonprofit, and not for a small employer. To determine whether you qualify as a nonprofit, please refer to page 3 of the Form I-140 Instructions (PDF, 393.86 KB) .

Part 1, Question 6 asks “Do you currently employ a total of 25 or fewer full-time equivalent employees in the United States including all affiliates or subsidiaries of this company/organization?” If you answer “Yes,” then you must submit the proper payment for a small employer (unless you checked “Yes” in Part 1, Question 5 for nonprofits, as described above).

In addition, Part 5, Question 4 asks for your “Current Number of U.S. Employees.” If you check “Yes” to Part 1, Question 6, and you answer Part 5, Question 4 with a number greater than 25, then your supporting documentation should demonstrate how you calculated the number of full-time equivalent employees as 25 or fewer. If we cannot determine the number of full-time equivalent employees, we may reject your petition.

Asylum Program Fee

Q. What is the Asylum Program Fee and who pays it?

A. The Asylum Program Fee ($600) is a separate fee paid by employers who file either Form I-129, Petition for a Nonimmigrant Worker; Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker; or Form I-140, Immigrant Petition for Alien Worker. It is not included in the changes in the filing fees for those individual forms, and it does not replace other fees such as the American Competitiveness and Workforce Improvement Act fee. The Asylum Program Fee helps fund the asylum program while mitigating the scope of fee increases for other benefit requests. The fee rule includes special discounts for nonprofits and small employers, as described further below.

All the work at USCIS is connected—when we have a more fully funded corps of asylum officers, our non-asylum officers can concentrate more exclusively on adjudicating cases from employers and other filers, bringing down processing times for everyone.

Q. How do I pay the Asylum Program Fee? Is there a separate form or paperwork?

A. Payment of the Asylum Program Fee does not require a separate form or paperwork. If you file by mail and pay by check or money order, you should submit the Asylum Program Fee separately. If you file online, or file by mail and pay by credit, debit, or prepaid card, you may submit one payment for all fees, including the Asylum Program fee.

Q. Do I need to pay the Asylum Program Fee for each Form I-129 for the same employee (extensions, amendments, etc.)?

A. In general, yes, you must pay the Asylum Program Fee for each Form I-129 filed, including for initial grants, extensions, and changes of employer. As discussed further below, small employers pay a reduced Asylum Program Fee, and nonprofits do not pay the fee.

Q: May a beneficiary pay the Asylum Program Fee, or must it be the petitioner who pays?

A. The new fee rule does not change existing limitations on beneficiaries paying for certain petitioner-related expenses in the filing of a petition, including limitations under U.S. Department of Labor regulations and guidelines.

For examples, see 8 CFR 214.2(h)(5)(xi)(A), 8 CFR 214.2(h)(5)(xi)(C), 8 CFR 214.2(h)(6)(i)(B), 8 CFR 214.2(h)(6)(i)(C), and 8 CFR 214.2(h)(6)(i)(D).

For Department of Labor information, see 20 CFR 655.135(j) (H-2A), 20 CFR 655.20(o) (H-2B), and Department of Labor Fact Sheet #78D: Deductions and prohibited fees under the H-2B Program and Fact Sheet #26: Section H-2A of the Immigration and Nationality Act (INA) .

Q. Do self-petitioners also pay the Asylum Program Fee, and, if so, do they pay the full amount of $600?

A. An individual self-petitioner would pay the reduced Asylum Program Fee of $300 when filing Form I-140 as an EB-1A noncitizen of extraordinary ability or as an EB-2 with national interest waiver. On Form I-140, such self-petitioners must select Yes in Part 1, Question 6, to indicate that they currently employ a total of 25 or fewer full-time equivalent employees.

When an individual beneficiary of a Form I-129 or Form 1-140 petition is a part or sole owner of the petitioning entity, then the Asylum Program Fee depends on the petitioning entity’s number of employees and nonprofit status, as is the case for any petitioning entity or individual.

On Form I-140, select Yes in Part 1, Question 6, if you currently employ a total of 25 or fewer full-time employees. Select Yes in Part 1, Question 5, if you are a nonprofit organization.

On Form I-129, select Yes in Part 5, Question 15, if you currently employ a total of 25 or fewer full-time employees. Select Yes in Part 1, Question 6, if you are a nonprofit organization.

Q. How does the Asylum Program Fee apply when submitting multiple petitions due to the limit of 25 named beneficiaries on each petition?

A. The petitioning employer must pay the appropriate Asylum Program Fee for each Form I-129 filed, unless they qualify for the nonprofit exemption discussed further below.

Q. When the O-1 petitioner is an agent, not an employer, is the agent still subject to the Asylum Program Fee?

A. Yes, O-1 petitions filed by agents still require the Asylum Program fee.

Discounts for Small Employers

Q. What are the fee discounts for small employers?

A. The fee rule defines small employer petitioners as those with 25 or fewer full-time equivalent employees. Such petitioners will pay $300 rather than the full $600 for the Asylum Program Fee.

In addition, for the fees for Form I-129 and Form I-129CW, small employers will pay a discounted fee of up to 50% off. For the precise discounted fees, please see the full fee schedule, Form G-1055 .

On Form I-140, select Yes in Part 1, Question 6, if you currently employ 25 or fewer full-time equivalent employees.

On Form I-129, select Yes in Part 5, Question 15, if you currently employ 25 or fewer full-time equivalent employees (or Part 5, Question 14 on Form I-129CW).

Q. How will companies with fewer than 25 employees apply for a fee reduction of the Asylum Program Fee? Will there be a form like Form I-912, Request for Fee Waiver?

A. No additional form is needed. The new versions of Forms I-129, I-129CW, and I-140 contain fields where the petitioner can indicate if they employ 25 or fewer full-time equivalent employees, and we will determine the proper fee based on the petitioner’s response and supporting documentation.

Q. What is a “full-time equivalent employee” in determining whether a petitioner qualifies for the small-employer discounts to the Form I-129 fee and Asylum Program Fee?

A. Generally, the number of full-time equivalent employees equals the number of full-time employees plus the number of part-time employees aggregated to full-time equivalents at the time of filing. The IRS defines an employee as an individual who receives “wages,” with applicable taxes deducted, along with Social Security and unemployment deductions, and who receives a W-2 reporting their income.

Q. If I have part-time employees, what documentation should I provide?

A. Provide documentation showing the number of part-time employees and the aggregate weekly hours that the part-time employees work.

Q. Do noncitizen workers count toward the number of full-time equivalent employees?

A. You should count all current workers you employ at the time of filing, regardless of immigration status.

Q. Do seasonal workers count as full-time equivalent employees?

A. Full-time equivalent employees include seasonal nonimmigrant workers if they are paid as employees, not contractors. You should count all seasonal workers you employ at the time of filing.

Q. Do the beneficiaries on the petition count as full-time equivalent employees?

A. The beneficiary of a petition does not count as an employee unless they are currently working for the petitioner as an employee at the time of filing.

Q. Should a petitioner count only those full-time equivalent employees listed under the petitioner’s Federal Employer Identification Number (FEIN)? What about employees listed under affiliated FEINs (for example, affiliated offices in different regions)?

A. Petitioners should include all the petitioner’s full-time equivalent employees in the United States, including its affiliates and subsidiaries. The petitioner should not, however, include additional employees from the petitioning employer’s parent company or the parents of any affiliates. In other words, in an organizational chart that begins with the petitioner, count down and horizontally, including the petitioning employer’s affiliates and subsidiaries, but do not count upward toward the petitioner’s parent or its affiliates’ parents.

Q. What proof is needed to show the number of full-time equivalent employees?

A. The instructions for Forms I-129 and I-140 state that possible evidence includes a copy of the petitioner’s most recent IRS Form 941, Employer’s Quarterly Federal Return; or IRS Form 943, Employer’ Annual Tax Return for Agricultural Workers. However, petitioners may submit any relevant evidence that shows the number of full-time equivalent employees by a preponderance of the evidence. For example, the petitioner may include a list of the names of their full and part time employees and the average hours worked per week, with a calculation that converts the total hours worked by their employees into total FTEs.

Q. Because the IRS Form 941 includes salary information, can petitioners redact this information for privacy reasons?

A. Yes. Such redaction is permissible when the evidence is only to support eligibility for a reduced fee and the redacted information is not otherwise relevant to the adjudication.

Q. What additional information or evidence should a petitioner submit if they employ fewer full-time equivalent employees than the number of employees listed on IRS Form 941 or 943?

A. Petitioning employers may submit any relevant evidence to show their actual number of full-time equivalent employees and must establish that number by a preponderance of the evidence. The petitioning employer should explain why the actual number of full-time equivalent employees differs from the number on their Form 941 or Form 943.

Q. Is a headcount of current employees sufficient for determining the number of full-time equivalent employees?

A. Headcount is relevant in determining the number of full-time equivalent employees, but petitioners should be sure to aggregate part-time employees to full-time equivalents.

Q. Because IRS Forms 941 and 943 provide a number of employees on payroll instead of full-time equivalent (FTE) employees, how will USCIS account for this distinction?

A. If the number of employees identified on the IRS Form 941 or Form 943 is more than 25, but the actual number of FTE employees is 25 or fewer, the petitioner should submit additional documentation that distinguishes the FTE employees from non-FTE employees.

Q. For H-2A petitions filed by a U.S. agricultural producer association named as a joint employer on the temporary labor certification, would each joint employer have to submit evidence of their number of full-time equivalent employees with Form I-129, Petition for a Nonimmigrant Worker ? Or just the association?

A. Only the association would have to submit evidence of full-time equivalent (FTE) employees. FTE employees for associations (or similar entities) include current FTE employees of the petitioner and the number of current FTE H-2A workers the association has previously petitioned for as the joint employer of its association member-farms. The employee count must also include everyone currently directly employed by affiliates and/or subsidiaries of the petitioner. However, the employee count does not include workers directly employed by member-farms if these workers are not the beneficiaries of a petition filed by the association or similar entity.

Associations who currently (directly or jointly) employ more than 25 FTE employees must state in Part 5, Question 14, of the Form I-129 either the exact number of such employees or a number higher than 25 (for example, “26”) and must pay the full fee amount. If a petitioner believes they qualify for a fee discount as a small employer, they must state the exact number of their FTE employees in Part 5, Question 14 of the Form I-129 and submit evidence of their own current FTE employees, including all employees of association members for whom they have previously petitioned and who are within their approved validity period at the time of filing.

Q. How will small farmers who do not file IRS Forms 941 or 943 demonstrate that they are eligible for the half-price Asylum Program Fee for petitioners who are small employers?

A. There is no strict requirement to submit IRS Form 941 or Form 943 as evidence; petitioners may submit any relevant evidence that shows the number of full-time equivalent employees by a preponderance of the evidence.

Q. Will petitioning employers that use a professional employer organization (PEO) still be subject to the full Asylum Program Fee even if the petitioning company has 25 or fewer employees?

A. Petitioning employers who outsource certain functions through a PEO should not count the PEO’s full-time equivalent employees in determining whether the petitioner qualifies as a small employer. However, in the absence of a Form 941, the petitioner must submit alternate documentation to confirm how many full-time equivalent employees they currently employ. We do not require a specific form to confirm the petitioner’s full-time equivalent employees.

Q. When a petitioner is an agent or sponsoring organization, not the beneficiary’s employer, can they be eligible for a reduced Form I-129 fee and reduced Asylum Program Fee?

A. The fees for an agent petitioner (as in the O or P context, among others) or a sponsoring organization petitioner (as in the P context) follow the same rules as any other Form I-129 petitioning entity or individual. Both the Form I-129 fee and the Asylum Program Fee depend on the petitioner’s number of employees and nonprofit status, as is the case for any petitioning entity.

Q. Do beneficiary-owners pay the discounted fee for Form I-129?

A. When an individual beneficiary of a Form I-129 petition is a part or sole owner of the petitioning entity, then the Form I-129 fee depends on the petitioning entity’s number of employees and nonprofit status, as is the case for any petitioning entity.

On Form I-129, select Yes in Part 5, Question 15, if you currently employ a total of 25 or fewer full-time equivalent employees. Select Yes in Part 1, Question 6, if you are a nonprofit organization.

Discounts for Nonprofits

Q. What are the fee discounts for nonprofit petitioning employers?

A. The fee rule provides special relief for nonprofit petitioners, who are not required to pay the Asylum Program Fee.

In addition, for the fees for Form I-129 and Form I-129CW, nonprofit employers will pay a discounted fee of up to 50% off. For the precise discounted fees, please see the full fee schedule, Form G-1055 .

On Form I-140, select Yes in Part 1, Question 5, if you are a nonprofit organization.

On Form I-129, select Yes in Part 1, Question 6, if you are a nonprofit organization (or Part 5, Question 8 on Form I-129CW).

Q. Where in the Form I-129 or Form I-140 filing packet should a petitioner include proof of nonprofit status?

A. You may include evidence of nonprofit status with other supporting documentation.

Q. Is an IRS determination letter recognizing an organization as a tax-exempt 501(c)(3) sufficient evidence for a fee exemption?

A. Yes, an organization’s Determination Letter from the IRS or copy of a currently valid IRS tax exemption certificate are acceptable evidence of nonprofit status for purposes of requesting a reduced fee for Forms I-129 and I-129CW, and an exemption from the Asylum Program Fee.

Q. Which types of nonprofit entities qualify for the Form I-129 fee reduction and Asylum Program Fee exemption?

A. To qualify, the nonprofit organization must be either:

Organized as tax exempt under the Internal Revenue Code section 501(c)(3), 26 U.S.C. 501(c)(3);
A governmental research organization (as defined under 8 CFR 214.2(h)(19)(iii)(C));
A not-for-profit primary or secondary educational institution; or
A not-for-profit institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a)).

Q. What if the IRS has not officially approved an organization’s nonprofit status?

A. An organization may still qualify if it is a governmental research organization or an educational institution as described above. Otherwise, the petitioner does not qualify for the reduced Form I-129 fee or Asylum Program Fee exemption until the IRS has officially designated it as a 501(c)(3) organization.

Q. In determining that a petitioner qualifies as a nonprofit organization, will you need an IRS 501(c)(3) determination letter? What about organizations without a formal IRS determination letter, such as a church?

A. In general, petitioners may provide any relevant evidence to establish eligibility, including an organization’s determination letter from the IRS or a copy of a currently valid IRS tax exemption certificate. A religious organization filing a Form I-129 petition for an R-1 nonimmigrant religious worker must submit an IRS determination letter to establish that they are a bona fide nonprofit religious organization; thus, we generally expect the same IRS determination letter for a religious organization claiming a discounted fee as a nonprofit.

Q. Must a petitioner submit evidence of nonprofit status with each Form I-129, Form I-129CW, or Form I-140?

A. Yes, the petitioner must demonstrate eligibility for fee reductions and exemptions in every submission, as with the substantive requirements for the underlying benefit.

I-131: Application for Travel Document

What is form i-131.

Any non-U.S. citizen traveling outside the United States must file Form I-131, Application for Travel Document with the exception of permanent residents.

Immigrant/non-immigrant Visa Holders

Foreigners with immigrant or non-immigrant visas must file Form I-131 when traveling outside the United States.
Traveling within the United States do not require Form I-131.

Permanent Residents (Green Card Holders)

If travel duration is less than 2 years , permanent residents are not required to file Form I-131 when traveling outside the United States.
If travel duration is longer than 2 years , permanent residents must file Form I-131 when traveling outside the United States.
Please note that for Permanent Residents who lose their green card while traveling outside of the United States, they must use Form 131A, Application for Travel Documents (Carrier Documentation) to obtain a reentry permit.

It is important applicants properly submit Form I-131 as failure to file I 131 may prevent the applicant from re-entering the country. When submitting, there are three types of travel documents for applicants:

For green card holders who want to be outside of the United states for 1 year or more, they must apply for a re-entry permit in order to return to the country. Typically, a green card is enough to pass through customs back into the United States but only if the departure duration is for 1 year or less. Permit is only available for permanent residents and is valid for 2 years .
This is only available for refugees and asylees who want to travel outside of the United States. Since people with refugee or asylum status do not have passports or green cards, they must apply for this travel document to be able to return to the country. The permit is valid for 1 year .
Advance parole grants permission to reenter the United States for people who are adjustment of status applicants who are in transition and do not fall within any specific category of status, U visa holders, and those under a protected status. The permit is valid for 1 year .

While the USCIS does not require applicants to wait for approval before leaving the country, applicant should be aware the USCIS may request a fingerprinting appointment (biometrics service). Failing to show up at the appoint may lead to a rejection.

What are Form I-131 Instructions?

Filing fee and instructions for Form I-131 vary depending on the application type and age of the applicant.

Applicants under certain financial circumstances can file a fee waiver form (I-912) to waive the filing and biometric fees. An example of valid circumstance is an individual living at or below 150% of federal poverty guidelines . In addition, no additional fee is necessary if the applicant meets one of the following criteria:

Filing Form I-131 as Application Type B or D
Filed Form I-485 with a fee after July 29, 2007

Who is Eligible for Form I-131?

Form I-131 is an application for a re-entry permit, or travel document, designed for citizens and permanent residents of the United States. Any individual who has received a green card, or is a citizen of the United States, is eligible to submit Form I-131.

What is the Latest Form I-131 Edition?

The most recent edition of Form I-131 is dated 09/30/20.

What are the Required Documents for Form I-131?

1. Form I-131, Application for Travel Document 2. Copy of your valid nonimmigrant visa (if applicable) 3. Copy of your passport identification page 4. Proof of payment of the filing fee 5. Two passport-style photos 6. Evidence of latest legal status in the U.S. 7. Evidence of relationship to a U.S. citizen or lawful permanent resident (if applicable) 8. Evidence of employment authorization (if applicable) 9. Other relevant documentation (as applicable)

How to Submit Form I-131?

Form I-131 (Application for Travel Document) is used to apply for various types of travel documents, such as advance parole, re-entry permits, and refugee travel documents. To submit the form, you must first download and print the form from the U.S. Citizenship and Immigration Services (USCIS) website. After completing the form, you must gather supporting documents and submit them along with the form.

Once your form is completed and all the necessary documents are gathered, mail them to the USCIS address listed on the form instructions. Be sure to include the filing fee or an approved fee waiver request. If you require expedited processing, you must also include a request for expedited processing and provide proof of emergency situation. You can also submit your application electronically via USCIS’s e-Filing system.

After the USCIS receives your application, they may contact you if they need additional information or documents. After they complete their review of your application, they will make a decision regarding your request for a travel document.

What are the Filing Tips for Form I-131?

1. Ensure that you have all the necessary documents and information required for Form I-131.

2. Double check and make sure that all the information and documents you provide are accurate.

3. Make sure that you sign and date the form after completing it.

4. Include supporting documents such as passport photos, travel itineraries, and other supporting evidence of your identity and purpose of travel.

5. Submit your application and fees with certified check or money order made payable to “U.S. Department of Homeland Security”.

6. Mail your application and supporting documents to the address indicated on the form instructions, or submit online through USCIS ELIS if available to you.

7. Follow up on the status of your application with the processing time indicated on the USCIS website for Form I-131.

Are There Special Instructions for Form I-131?

Yes, there are special instructions for Form I-131. The form is used to apply for a re-entry permit, refugee travel document, or advance parole travel document. Depending on the document you are applying for, there are different instructions and fees you must follow.

You will need to provide evidence of your valid immigration status in the United States, and proof of identity. You will also need to submit proof of a valid purpose for travel and evidence of why you need the travel document. You may be asked to provide additional supporting evidence and documents.

You must also pay the filing fee, which can range from $575 to $575 for a re-entry permit or $575 for a refugee travel document or advance parole travel document. Additionally, if you are applying from outside the United States, you must pay an additional biometrics fee of $85.

When completing the form, you must provide detailed information about yourself and your travels. You must also make sure all information is accurate and truthful; any false or incomplete information may lead to delays or denials in your application.

Once your application is complete and all fees have been paid, you should submit your application to the office listed on Form I-131’s instructions.

What is the Form I-131 Fee?

The Form I-131 Fee is the fee that must be paid when filing Form I-131, Application for Travel Document, with U.S. Citizenship and Immigration Services (USCIS). The fee for Form I-131 is currently $575, although certain applicants may be eligible for a fee waiver or reduced fee.

Can I Apply for Form I-131 Fee Waiver or Reduction?

Yes, you can apply for a Form I-131 fee waiver or reduction if you meet certain requirements. To be eligible, you must: have a low income and financial hardship, be the immediate relative of a U.S. citizen or permanent resident, or be an asylum applicant. Additionally, you must provide evidence that the fee would create a significant financial hardship for you or your family. If you meet these requirements, you must submit Form I-912, Request for Fee Waiver, along with your application for Form I-131.

What is the Form I-131 Processing Time?

The processing time for Form I-131 (Application for Travel Document) can vary depending on the type of travel document you are requesting and your current immigration status. Generally, processing times can range from 3-5 months but can take longer in some cases. Applicants should check the processing times on the USCIS website for the most up-to-date information.

Form I-131 Frequently Asked Questions

Q: What is Form I-131? A: Form I-131 is an application form used by non-U.S. citizens to obtain a travel document, such as a re-entry permit, advance parole, or refugee travel document.

Q: Who should file Form I-131? A: Anyone who is not a U.S. citizen and needs to travel outside the United States is required to file Form I-131. This includes people with permanent residence status (green card holders), refugees, and asylees.

Q: How much does it cost to file Form I-131? A: The fee for filing Form I-131 is currently $575 USD, which must be paid with a credit card, debit card, or check.

Q: How long does it take for Form I-131 to be processed? A: The processing time for Form I-131 varies depending on the type of application and the current workload of the USCIS. Generally, it can take anywhere from 1 to 6 months or more for an application to be processed.

Q: What documents do I need to file Form I-131? A: The documents required to file Form I-131 depend on the purpose of your application. Generally, you will need to provide proof of your identity, such as a passport or birth certificate, proof of your immigration status, such as a green card, and evidence of your travel plans.

Q: Where can I get more information about filing Form I-131? A: The USCIS website has detailed information about filing Form I-131, including instructions and requirements for each type of application. You can also reach out directly to the USCIS if you have any questions about your application.

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Form I-131 – How to Apply for a Travel Document

Let us help you start your application today!

Last updated: April 2, 2024.

By Asel Williams, Esq . · Columbia Law School · Licensed immigration attorney

Application for Travel Document, or Form I-131, is a US Citizenship and Immigration Services (USCIS) form which allows applicants to apply for a Reentry Permit, Refugee Travel Document or Advance Parole.

This article will discuss how adjustment of status (Form I-485) applicants who are currently in the U.S. can apply for a travel document, or Advance Parole.

If you need to apply for a Refugee Travel Document or Re-Entry Permit, see our guides:

Refugee Travel Document

Reentry Permit

What is Advance Parole?

An Advance Parole document (Form I-512) is a form of temporary travel authorization that allows someone living in the U.S. to travel abroad while awaiting their green card.

Nonimmigrants in the United States such as adjustment of status applicants must obtain Advance Parole to obtain permission to reenter the United States after traveling abroad without jeopardizing their status.

Form I-485, Application to Register Permanent Residence or Adjust Status , is used by a person in the United States to apply for lawful permanent resident status.

Adjustment of status applicants must be granted Advance Parole before leaving the United States.

If they have not obtained Advance Parole prior to traveling abroad, they cannot be permitted to re-enter the United States upon their return from abroad.

An Advance Parole serves the following functions:

It enables an alien to come back to the U.S. after traveling abroad without having to obtain a visa to enter the U.S.
It preserves the pending Adjustment of Status application that the alien has filed

Attention: If you are an adjustment of status applicant and travel outside the United States without an Advance Parole Document while Form I-485 is pending, your case will be presumed abandoned and denied.

If you apply for an Adjustment of Status (Form I-485) and then enter the U.S. on a visa instead of an Advance Parole document, your pending I-485 petition can be considered to have been abandoned (except in the situations that you come back with valid H-1 and L-1 visas).

For example, if you are an applicant for Adjustment of Status, then leave the U.S. and re-enter on a non-immigrant visa such as an F-1 visa, you will be considered to have abandoned your adjustment of status application.

What is a Reentry Permit?

If you are a lawful permanent resident and you expect to spend significant time outside the United States but intend to return to the U.S, you will need a Reentry Permit.

Form I-131 can be used by green card holders to apply for a reentry permit.

Normally, if you are a permanent resident, you can use a green card to reenter the United States after traveling abroad.

However, your green card will be assumed to be abandoned if the absence is one year or more.

A Reentry Permit can help prevent this problem.

Lawful permanent residents or conditional permanent residents who plan to travel outside the United States for more than one year, but less than two years, can apply for a Reentry Permit.

Reentry Permit can serve as a passport for a U.S. permanent resident if he/she has no passport and cannot obtain it from the country of his/her nationality.

If you are a permanent resident and you are outside the country for more than a year without a Reentry Permit, you will most likely be denied reentry into the U.S. on the ground that you have abandoned your permanent resident status.

What is a Refugee Travel Document?

If you have a refugee or asylum status and you wish to travel outside the United States, and you wish to return later to the U.S, you can apply for a Refugee Travel Document .

You can use your Refugee Travel Document to travel in place of a passport.

If you do not obtain a Refugee Travel Document before you leave the U.S., you can be unable to re-enter the United States, or you can be placed in removal proceedings before an immigration judge.

To apply for a Refugee Travel Document, file Form I-131, Application for Travel Document.

You should file a Form I-131 before you leave the United States and expect processing times of approximately 3 to 5 months. However, it can take longer.

A Refugee Travel Document is valid for up to one year. During this time, you can use the document multiple times.

Form I-131 – The difference between an Advance Parole and a Reentry Permit

Advance Parole is issued to you if you do not have permanent resident status.

A Reentry Permit is issued to you if you are a permanent resident of the U.S.

The two documents are dissimilar in physical appearance: Advance Parole is a single piece of paper bearing your photo, whereas a Re-entry Permit looks like a passport.

An Advance Parole functions much like a visa to the United States while a Reentry Permit functions like a passport.

If you have an Advance Parole document, you still need a foreign passport to enter into the United States.

If you are a permanent resident with a Reentry Permit you do not need a foreign passport to enter the United States.

Another difference is the duration: Advance Parole is valid for one year, whereas a Reentry Permit is valid for two years.

Form I-131 – Who Can File It?

If you are in the United States, you can apply for Advance Parole if you have:

An application for adjustment of status (Form I-485) pending.
Been granted benefits under the Family Unity Program.
A pending application for Temporary Protected Status ( TPS ) Form I-821 or been granted Temporary Protected Status.
Have been granted T or U nonimmigrant status

If you have an application pending with USCIS, and you leave the United States on advance parole, you can miss important notices from USCIS regarding your application, including requests for additional evidence ( RFE ).

If you do not respond timely to these notices, USCIS can deem your application abandoned and you will not receive the benefit you seek.

It is very important that you make appropriate arrangements to ensure you do not miss any such important notices from USCIS.

What are the benefits of Advance Parole?

Applying for Advance Parole comes with the following benefits:

It will enable you to return to the U.S. after traveling abroad without the necessity of obtaining a visa.
It preserves whatever Adjustment of Status (Form I-485) applications that you have pending with the USCIS.

Form I-131 Checklist

If you are applying for Advance Parole, you will need to submit the following:

An accurately completed Application for Travel Document, Form I-131
A receipt notice for Form I-485
Two passport photos
Your biographical information
Phone number and current address
Form I-131 fees

Form I-131 Fees

Certain applicants may be eligible for a Fee Waiver.

Form I-131 Processing Time

USCIS takes approximately 3-5 months to process your Form I-131, Application for Travel Document.

However, if you are experiencing an extremely urgent situation, you can visit your local USCIS office to request an Advance Parole Document on an emergency basis.

You can’t leave the country until you have your approved travel document in hand, so you should expect to spend the 3-5 months after submitting your green card application in the United States.

How long will my Advance Parole document be valid?

An Advance Parole Document is valid for one year after it was issued.

How can I renew my Advance Parole document?

If you are yet to receive your green card and you plan to travel after that year has elapsed, it is advisable to renew your travel document.

You can file a renewal application as early as 100 days before your current Advance Parole document expires. It is important to submit the renewal as early as possible.

The renewal Advance Parole document will usually be processed within the same timeframe as that for the initial application, which is 5 months or longer. It’s important to plan early to avoid gaps in your ability to travel.

To renew your Advance Parole document, submit Form I-131 with a copy of your current Advance Parole document, a copy of the receipt notice from your green card application, and two passport-sized photos.

Form I-131 – Expedited Processing

It takes at least 90 days or more for USCIS to process your Form I-131, Application for Travel Document.

You may, however, be able to get expedited processing of a travel document in certain situations. Such situations include:

Severe financial loss to company or person
Emergency situations
Humanitarian reasons
A nonprofit organization whose request is in furtherance of the cultural and social interests of the United States
Department of Defense or National Interest Situation
Compelling interest of USCIS.

How can I request an Expedited Processing on Form I-131?

Since it takes more than 90 days to obtain a travel document, it is always advisable to apply for one as early as possible.

However, when there is an emergency that needs your attention abroad, there are steps you can take as an applicant to apply for one on an expedited basis. The tips are discussed below:

Write a cover letter requesting expedited processing. In the cover letter, outline the reasons for your expedited request. If the criteria outline above is met, USCIS can expedite your application for Advance Parole.

To prove that one of the criteria has been met, you can submit evidence. Such evidence can include a medical report if the situation involves someone who is sick.

Gather the necessary evidence that proves your urgent need. It is important that you gather the required documentation that supports your reason for expedited processing.

As discussed above, you can provide proof of fatality, hospital records or a letter from the doctor. Keep in mind that the kind of evidence you will submit will determine if your request for the expedited processing of the travel document will be successful.

Prepare your application for the Travel Document . Complete Form I-131, Application for Travel Document. It is important that you prepare the application accurately.

Include the cover letter, filing fee, and all the supporting documentation according to the filing instructions. You can also use an overnight method to mail your expedited request.

Contact USCIS . It is advisable that you contact USCIS one week after filing to follow up on your request.

Can I file Form I-131 from abroad?

If you are outside the United States, you can apply for an Advance Parole Document if you:

Need to visit the United States temporarily for an urgent humanitarian reason or for significant public benefit
Unable to obtain the necessary visa and any required waiver of inadmissibility or consent to reapply for admission.

Under these conditions, an Advance Parole Document is granted on a case-by-case basis for a temporary period, according to any conditions that can be placed on parole.

Someone in the United States can also file the application for you.

Returning to the United States without a travel document

Before departing the United States, you need to understand the risks associated with traveling abroad while your Adjustment of Status application is pending.

You should obtain your travel document before leaving the United States. If you depart from the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be considered abandoned.

Returning to the United States with a travel document

Even if you have an Advance Parole Document and you leave the United States, it can impact your ability to return to the United States.

An Advance Parole Document does not entitle you to parole or guarantee that the Department of Homeland Security (DHS) will parole you into the United States upon your return.

If you are using an Advance Parole Document to leave and return to a port of entry in the United States, you are considered an applicant for admission upon your return.

You will be subject to inspection at a port of entry and you cannot be admitted if you are found to be inadmissible under any applicable provision of immigration law.

If the Department of Homeland Security determines that you are inadmissible, you can be subject to expedited removal proceedings or to removal proceedings before an immigration judge.

In conclusion, it is important to apply for an Advance Parole Document if you are an adjustment of status applicant and you intend to travel abroad.

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