September 2025 Fee Updates for Immigration Petitions

The April 2024 Final Rule and Its September 2025 Implementation

USCIS published its final rule adjusting nonimmigrant and immigrant petition fees in the Federal Register on January 31, 2024, with most provisions taking effect April 1, 2024. The fee schedule established by that rule remains in effect throughout September 2025 with no further adjustments published. Petitioners should reference the current Form I-129 fee schedule and the Asylum Program Fee structure when calculating filing costs.

The rule was the first comprehensive fee adjustment since 2016 and substantially raised filing fees across most petition categories. The increases were justified by USCIS as necessary to recover the full costs of adjudication services. The rule survived legal challenges in 2024 and remains binding.

Practical example: a petitioner filing an O-1 petition in September 2025 must calculate the I-129 base fee plus the Asylum Program Fee plus any premium processing fee, totaling either $2,070, $1,985, or $1,295 base costs depending on employer status, and adding $2,805 if premium processing is requested.

Form I-129 Base Fees by Employer Type

The current I-129 base fee for nonimmigrant worker petitions is $1,385 for standard employers, $695 for small employers (defined as employers with 25 or fewer full-time equivalent employees), and $530 for nonprofit and government research organizations under specific qualifying criteria. The small-employer reduction was new in the April 2024 rule and reduces the burden for productions and consultancies operating below the 25 FTE threshold.

Determining whether an employer qualifies for the small employer reduced fee requires careful counting. Full-time equivalent employees include all employees worldwide if the employer is part of a multinational group, with limited exceptions. Independent productions and small studios should consult counsel before claiming the reduced fee, because misclaiming triggers rejection and refiling.

Practical example: a documentary production company with 18 full-time employees and 5 part-time employees averaging 20 hours per week may qualify for the $695 reduced fee. The half-time workers count as 2.5 FTEs, bringing total FTEs to 20.5, comfortably below 25. Document the FTE calculation in a memo retained in the petition file.

The Asylum Program Fee

The April 2024 rule introduced the Asylum Program Fee, a separate $600 fee charged on most employment-based petitions to fund the asylum adjudication system. The fee is $600 for standard employers, $300 for small employers, and $0 for nonprofit and government research organizations. This fee is added to the I-129 base fee, not in lieu of it.

Total filing cost calculation: a standard for-profit employer filing an O-1 petition pays $1,385 base plus $600 Asylum Program Fee, totaling $1,985 before any premium processing. A small employer pays $695 plus $300, totaling $995. A qualifying nonprofit pays $530 plus $0, totaling $530.

Practical example: a streaming platform filing an O-1B for a Colombian director would pay the standard rates totaling $1,985 plus $2,805 premium processing equals $4,790 in USCIS fees. A nonprofit film organization filing the same petition for an academic-track filmmaker would pay $530 plus $2,805 equals $3,335.

Common mistake: forgetting the Asylum Program Fee. The form instructions clearly identify it as separate and required, but petitioners filing without it have their submissions rejected. Always confirm both fees are paid and reflected on Form G-1450 or the relevant payment instrument.

Premium Processing Fee and the I-907

Premium processing under Form I-907 costs $2,805 as of February 26, 2024, and remains at that level in September 2025. The fee is paid via separate check or money order or via Form G-1450 credit card authorization. The fee is not refundable if the petition is denied, but it is refundable if USCIS fails to take any of the four required actions within the 15-business-day window.

Practical example: a petitioner filing premium processing on September 8, 2025, who does not receive any USCIS action by approximately October 1 (accounting for Labor Day) is entitled to a refund of the $2,805 fee while retaining the underlying petition. The refund process is administrative and typically takes 30 to 60 days.

Common mistake: writing a single check for the combined I-129 plus I-907 fees. USCIS requires separate payments for each form. A combined check is rejected and the petition is returned, costing days or weeks at a critical production juncture.

Nonprofit and Research Organization Fee Waivers

Qualifying nonprofit research organizations and nonprofit institutions of higher education can pay the reduced $530 I-129 fee and zero Asylum Program Fee under the April 2024 rule. To qualify, the entity must be either a nonprofit research organization as defined in INA 214(c)(8)(A) or a nonprofit organization or entity primarily engaged in research as defined in 8 CFR 214.2(h)(19)(iii)(C).

Documentation of nonprofit status requires submitting evidence of the organization's IRS 501(c)(3) determination letter or equivalent nonprofit status, plus evidence of the research mission. For higher education institutions, accreditation documentation should accompany the petition.

Practical example: a university film program filing an O-1B for a visiting director would pay the $530 nonprofit fee plus $0 Asylum Program Fee plus $2,805 premium processing equals $3,335. The same petition filed by a for-profit production house would cost $4,790. The nonprofit savings of $1,455 are material across multiple filings.

Common mistake: claiming nonprofit status without documenting it. USCIS requires affirmative evidence of qualifying status, not just an assertion. Submit the IRS determination letter and any state or federal recognition documents.

Budgeting for September 2025 Filings

Productions and employers planning O-1 and other petition filings in September 2025 should budget conservatively. A standard for-profit O-1 petition with premium processing costs $4,790 in USCIS fees alone, before attorney fees and expert costs. Multiply by the number of beneficiaries plus dependents, and budget needs scale quickly.

Build a fee tracker that captures every petition's I-129 base, Asylum Program Fee, premium processing fee, biometrics fees if applicable, and visa application fees at the consulate (currently $190 per visa, payable to the Department of State separately). For Colombian beneficiaries processing at Embassy Bogotá, factor in the consular fee as well.

Final practical note: the next biennial fee review cycle could produce further adjustments in 2026 or 2027. Petitioners with planned 2026 filings should monitor Federal Register notices in the first half of 2026. As of September 2025, no proposed rule has been published, so current fees should remain in effect through the rest of the fiscal year.