LATEST NEWS ALERT: New Form I-129 and Increased Fees in Effect Immediately - (04/01/24)
U.S. Citizenship and Immigration Services (USCIS) posted a new Form I-129 that must be used effective immediately. The new form and updated fee structure was previewed in a final rule that affects visa fees across several categories. Sample O and P petitions have been updated in the Artists from Abroad Appendix - there are new questions that ask about nonprofit status and whether the petitioner has 25 or fewer full-time employees. There is also a new question in Part 3 of the new I-129 that asks whether the beneficiaries are Named or Unnamed. You MUST check one of these boxes and for any O or P petition this would be "Named." In addition to updating its sample I-129s, Artists from Abroad has updated its filing guidance to be consistent with new policies, the USCIS Frequently Asked Questions page summary, and a supplementary USCIS FAQ about required documentation when accessing reduced fees. Further updates will be made should USCIS clarify any procedures or guidance going forward, especially when it comes to multiple filings for large-group petitions.
As a reminder, the following filing fees go into effect for O petitions immediately, and using the new Form I-129:
- $530 for U.S. 501(c)(3) nonprofit organizations of any size (note that if you check the Yes box in Part 1, Question 6 and plan to utilize this discounted fee, you must include proof of your tax exempt status such as your organization's IRS determination letter. See USCIS guidance for more specifics).
- $530 for filers with 25 or fewer full-time-equivalent employees, plus a $300 Asylum Program Fee, for a total fee of $830 (note that if you check the Yes box in Part 5, Question 15 as well as enter a number smaller than 26 in Part 5, Question 14 and plan to utilize this discounted fee, you must include proof of your small employer status such as your business' most recent IRS Form 941 or Employer’s Quarterly Federal Return. See USCIS guidance for more specifics. Also, please be sure to write a separate check for the Asylum Program Fee).
- $1055 for all other filers, plus a $600 Asylum Program Fee, for a total fee of $1655 (please be sure to write a separate check for the Asylum Program Fee).
And the following fees go into effect for P petitions immediately, and using the new Form I-129:
- $510 for U.S. 501(c)(3) nonprofit organizations of any size (same note about documentation as above)
- $510 for filers with 25 or fewer full-time-equivalent employees, plus a $300 Asylum Program Fee, for a total fee of $810 (same note as above about documentation and a separate check for the Asylum Program Fee)
- $1015 for all other filers, plus a $600 Asylum Program Fee, for a total fee of $1615 (please be sure to write a separate check for the Asylum Program Fee)
A maximum of 25 beneficiaries that can be included on a single petition for O-2, P-1, P-3, and P-S classifications. In other words, a large ensemble exceeding 25 beneficiaries will need to file multiple petitions, each with the relevant fee paid and each a complete petition in itself with Form I-129, cover letter, itinerary, copy of labor union consultation, contract, evidence, and so on. Be sure to write a separate check for each petition and, if the Asylum Program Fee applies, that fee should be paid with a separate check as well.
Premium Processing Service, which increased to $2,805 on February 26, 2024, now changes from 15 calendar days to 15 Federal business days for a response from USCIS. Also, USCIS has released yet another edition of the Form I-907, and starting June 3, only the 04/01/24 edition of the I-907 will be accepted. There are no other changes to the form than the edition and expiration dates.