H1B Visa Fees and Costs associated with preparing, filing and processing H1B visa applications are normally ALL paid by the US Employer / Sponsor Company.
• USCIS H1B Processing Fees for visa filing are legally required to be paid by the US Employer. USCIS fees are those paid to the US Governments Immigration Bureau to process the application and issue the visa
• H1B Immigration Attorney Costs for services provided for visa application preparation and filing petitions with the USCIS are NOT legally required to be paid by the US Employer (but normally are)
The Structure of H1B Visa Filing / Processing Fees:
Standard H1B Filing Fee: The standard H1B filing fee is for the 1-129 petition. This H1B fee is also payable for H1B extensions, H1B transfers, and amendments. Almost everyone has to pay this fee. There can also be additional H1B visa fees at the US consulate when applying from abroad.
ACWIA (Training) H1B Fee: The employer must pay a fee towards a training fee meant to fund the training of U.S. workers. But if the employer has less than 25 full-time employees, they must pay only one-half of the required fee [see Section §214(c)(9) of the Immigration & Nationality Act].
The training fee is paid one time to initially grant the H1B petition and to extend H1B status. But if this is the second or subsequent extension with the same employer, then the training fee is not required.
The following are exempt from the training fee: primary or secondary educational institutions, institutions of higher education, nonprofit organizations related to or affiliated with any institutions of higher education, a nonprofit organization that engages in established curriculum-related clinical training of students registered at any institutions of higher education, nonprofit research organizations or a governmental research organizations [see Section 214(c)(9)(A) of the Immigration & Nationality Act and 8 C.F.R. §2l4.2(h)(19)(iii)-(iv).
H1B Fraud Fee: A $500 fraud prevention and detection fee is required for the initial H-1B petition or to switch employers. The fraud fee is not required for extensions with the same employer [see Section 214(c)(12) of the Immigration & Nationality Act].
Optional H1B Fees: Premium Processing - this fee is almost always worth every penny. Decisions are made within 15 business days by the USCIS. Your lawyer is provided a direct telephone number and email address for the office, and the specific officer, handling your matter (should any issue arise that needs attention). And if applicable, your family’s H4 applications will be processed along with the primary H1B visa petition at no additional cost. Family members can apply as dependents of the primary H1B applicant. See Form I-539 for current fee.
H1B Immigration Lawyer / Attorney Fees: It is highly recommended to use an experienced and qualified H1B immigration attorney to help prepare and file the H1B visa application documents and forms. Attorney fees vary depending on the attorney you choose to use, but as a guideline you can expect to pay anywhere in the region of $1,000 - $3,000
Summary of Latest H1B Fees for Filing and Processing H1B Visa Applications
* the below summary includes the most recent H1B Fee Increase which was implemented on November 23rd, 2010, which is also applicable to 2011 H1B visa filing
H1B Regular Processing (no set duration for processing times - can take months)
Visa Fees payable to USCIS if Company has less than 25 employees = $2,000 approx
Fees payable to USCIS if the Company has more than 25 employees = $2,750 approx
H1B Premium Processing(processing expedited in as little as 15 days)
Add an additional $1,225 onto the H1B Regular Processing Fees