Form I-140 & EB-2 NIW filing fees

What PhD Students and H-1B Professionals Need to Know in 2025
If you're pursuing permanent residency through the EB-2 visa with a National Interest Waiver (NIW), recent changes by U.S. Citizenship and Immigration Services (USCIS) should be noted. As of April 1, 2024, USCIS implemented a new fee schedule, including an increase in the I-140 petition fee and the introduction of a new fee called the Asylum Program Fee. These changes affect both self-petitioners and those with employer sponsorship.

Higher Filing Fees for Form I-140
Form I-140, the Immigrant Petition for Alien Worker, is a crucial step in the green card process for EB-2 NIW applicants. Whether you're a PhD candidate self-petitioning or an H-1B visa holder with employer support, you must now plan for increased costs.

Here’s what changed:

• Old I-140 fee (before April 1, 2024): $700
• New I-140 fee (as of April 1, 2024): $715

While the $15 increase may seem modest, it’s part of a broader fee adjustment by USCIS to improve processing times and expand services. But the real impact comes from a new, mandatory additional fee.

The New Asylum Program Fee: What It Is and Who Pays
To offset the costs of the U.S. asylum system, USCIS now requires most employment-based petitioners to pay an Asylum Program Fee along with their I-140.
Details:

• Fee amount: $600
• Who pays: Large employers filing I-140 petitions must pay the Asylum Program Fee.
• Reduction: Individuals filing Form I-140 as self-petitioners under the EB-2 NIW category get a reduction from the $600 Asylum Program Fee and only need to pay $300.

This is good news for many PhD students and researchers who typically self-petition under EB-2 NIW, as it helps keep their total costs lower. However, if you're an H-1B visa holder with an employer-sponsored petition, your employer might be willing to cover this additional fee.

Other Fee Considerations
The changes to I-140 are part of a broader USCIS fee overhaul that affects various forms, including adjustment of status (Form I-485) and work/travel authorization applications. If you're planning to file a concurrent I-485 or apply for EAD/AP while in the U.S., be aware that USCIS now charges separately for each of these forms. Bundled discounts have been removed.

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