Eligibility for Fee Discounts as a Small Employer RFE
USCIS RFE Reason Explanation
Eligibility for Fee Discounts as a Small Employer: You indicated on your Form I-129 that you are eligible for a reduced Form I-129 filing fee and a reduced Asylum Program Fee because you are a small employer.
An eligible small employer is defined as:
A firm or individual that has 25 or fewer full-time equivalent employees in the United States, including any affiliates and subsidiaries.
To establish eligibility for the Form I-129 fee discounts as a small employer, you provided:
- 2024 quarterly report.
The evidence you submitted is insufficient because records indicate that you have obtained 23 approved H-1B/L-1 nonimmigrant petitions in the last three years. The evidence does not establish that you qualify as a small employer.
Accordingly, it appears that you are subject to the full filing fee and full Asylum Program Fee for Form I-129.
You have two options:
- Remit the additional fees for the Form I-129 filing fee and the additional $300 for the Asylum Program Fee.
- Submit evidence to show that you are a qualifying small employer that has 25 or fewer full-time equivalent employees in the United States, including any affiliates and subsidiaries.
Evidence to show that you are a qualifying small employer may include, but is not limited to:
- A copy of your organization's most recent IRS Form 941, Employer's Quarterly Federal Tax Return; or
- A copy of your organization's IRS Form 943, Employer's Annual Federal Tax Return for Agricultural Employees.