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Nueva tasa del programa de asilo del USCIS para las peticiones I-129 e I-140
Kyle Huffman • June 6, 2024
Click here to read this article in English
A partir del 1 de abril de 2024, USCIS ha aplicado un ajuste por inflación en las tasas de presentación de solicitudes de inmigración. Estos aumentos de tasas se aplican a la mayoría de los diferentes tipos de solicitudes, incluidas las peticiones basadas en la familia, de no inmigrante y de inmigrante. Como parte de estos aumentos de tasas, USCIS también ha instituido un nuevo programa diseñado para proporcionar financiación al Programa de Asilo de los Estados Unidos, con el fin de abordar mejor la enorme acumulación de solicitudes de asilo pendientes que actualmente están a la espera de ser adjudicadas. Lamentablemente, estos cambios han generado confusión entre los solicitantes sobre cuándo deben pagar la tasa del programa de asilo y cuándo pueden beneficiarse de una exención del 50% o de una exención total de la tasa.
La Tarifa del Programa de Asilo debe ser presentada por los empleadores en todas las peticiones I-129 y I-140 presentadas a partir del 1 de abril de 2024. La Tarifa del Programa de Asilo es de $600, sin embargo, se aplican ciertas exenciones.
Los pequeños empleadores, definidos como aquellos que tienen 25 o menos empleados en total, califican para una reducción de la Tasa del Programa de Asilo, pero aún se les requiere presentar una tasa reducida de $300. Los solicitantes individuales, o las auto-peticiones, como en el caso de una Exención de Interés Nacional EB-2, se consideran pequeños empleadores a efectos de la Tasa del Programa de Asilo y también están obligados a presentar la tasa reducida de 300 dólares.
Las organizaciones sin ánimo de lucro
están exentas de la tasa del Programa de Asilo y no están obligadas a presentar fondos adicionales con la tasa de presentación ordinaria I-129 o I-140. Además, las organizaciones sin ánimo de lucro pueden acogerse a una reducción del 50% de la tasa de presentación ordinaria en determinados tipos de solicitudes, con lo que la carga total de la tasa de presentación se reduce sustancialmente para las organizaciones sin ánimo de lucro.
Con estos cambios en el programa de tarifas de presentación de USCIS, se espera mejoras significativas en la eficiencia y el procesamiento de los solicitantes de asilo pendientes. Si usted o su organización peticionaria necesita cualquier tipo de asistencia en la preparación de una solicitud para un beneficio de inmigración, incluyendo asegurar el correcto cumplimiento de los nuevos requisitos de tasas, ¡nuestra oficina está lista y esperando para ayudar!
Este blog no pretende ser una asesoría legal y nada aquí debe interpretarse como el establecimiento de una relación abogado-cliente. Programe una consulta con un abogado de inmigración antes de actuar sobre cualquier información que aquí lea.
Kyle Huffman
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Asylum is an application that allows an individual to remain in the United States instead of being removed or having to return to their home country where he or she fears persecution or harm. An asylum application can be filed one of two ways.
Each year, many people come to the United States seeking refuge from harm or persecution that they suffered in their home country. Those people apply for Asylum (Form I-589) either before USCIS or in removal proceedings before the Immigration Court.
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In January 2025, the U.S. government introduced a mandate requiring all individuals without legal status in the country to register with federal authorities. This initiative aims to enhance national security and ensure compliance with existing immigration laws. If you or someone you know is affected by this change, it's essential to understand the specifics of this requirement and how to comply. Who Is Already Registered? Many individuals have already fulfilled their registration obligations through prior interactions with U.S. immigration authorities. You are considered registered if you have been issued any of the following documents: Lawful Permanent Resident Card (Green Card) Form I-94 or I-94W (Arrival/Departure Record), even if the period of admission has expired Immigrant or nonimmigrant visa issued before arrival Employment Authorization Document (EAD) Border Crossing Card Additionally, if you have applied for lawful permanent residence using forms such as I-485, I-687, I-691, I-698, or I-700, even if the applications were denied, or if you were paroled into the U.S. under INA 212(d)(5), you have met the registration requirement. Who Needs to Register Now? If you have not been registered through any of the means mentioned above, you are required to register under the new mandate. This includes: Individuals aged 14 or older who were not registered and fingerprinted when applying for a visa and have remained in the U.S. for 30 days or longer. They must apply before the expiration of those 30 days. Parents or legal guardians of children under 14 who have not been registered and have been in the U.S. for 30 days or longer. They must register their children before the 30-day period ends. Any individual who turns 14 years old in the U.S. and was previously registered. They must apply for re-registration and fingerprinting within 30 days after their 14th birthday. Notably, American Indians born in Canada who entered the U.S. under section 289 of the INA and members of the Texas Band of Kickapoo Indians who entered under the Texas Band of Kickapoo Act are exempt from this requirement. How to Register The U.S. Citizenship and Immigration Services (USCIS) is developing a new form and process for registration. Starting February 25, 2025 , individuals required to register should create a USCIS online account in preparation for the registration process. Once the process is implemented, registrations will be submitted through this online account. Important Considerations Registration Is Not an Immigration Status: Completing the registration does not grant any immigration status, employment authorization, or other rights or benefits under U.S. law. Consequences of Non-Compliance: Failure to comply with the registration requirement may result in fines, imprisonment, or both. At Santos Lloyd Law Firm, P.C., we are committed to guiding you through this process with compassion and expertise. Our trusted immigration lawyers are here to provide the information and assistance you need during this time. For personalized guidance and support, please contact Santos Lloyd Law Firm, P.C., and speak with one of our experienced immigration attorneys. We are dedicated to helping you navigate these changes and securing a hopeful future.
