USCIS H-2A Fee Information

Included below is a breakdown of what the fees will look like when filing the Form I-129 petition for H-2A employers. DHS is categorizing their fees based on named and unnamed petitions as well as by size of the filing company. A small employer is defined as an employer who has 25 or fewer full-time equivalent employees, and any company larger than that will be considered a large employer.

See USCIS site for more information: USCIS Reminds Certain Employment-Based Petitioners to Submit the Correct Required Fees | USCIS

Limitations for Named Petitions

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?

USCIS is now implementing a capped number of how many named employees can be requested on a single, named petition. This would include transfers, extensions, or any case where we would have to name the employees coming into the country.

Named petitions will only be accepted in increments of 25 workers. Any petition requesting more than 25 workers will have to file multiple petitions with the applicable fees included for each.

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?

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.

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

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?

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

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

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

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?

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

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.

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

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?

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

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?

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.

USCIS H-2A Fee Information

USCIS H-2A Fees

Small Employer

Asylum Fee ($300) + I-129 Fee ($460)

Asylum Fee ($300) + I-129 Fee ($545)

Large Employer

Asylum Fee ($600) + I-129 Fee ($530)

Asylum Fee ($600) + I-129 Fee ($1090)

Limitations for Named Petitions

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?

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?

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?

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?

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?

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

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?

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

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

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?

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

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

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?

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?

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?

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?

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?

USCIS H-2A Fee Information

USCIS H-2A Fees

Small Employer

Asylum Fee ($300) + I-129 Fee ($460)

Asylum Fee ($300) + I-129 Fee ($545)

Large Employer

Asylum Fee ($600) + I-129 Fee ($530)

Asylum Fee ($600) + I-129 Fee ($1090)

Limitations for Named Petitions

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?

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?

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?

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?

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?

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

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?

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

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

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?

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

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

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?

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?

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?

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?

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?

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