By Julie Oliver-Zhang, Esq. & Annjelika Slate
There are several H-1B visa costs that must be covered by either an employer or employee as part of the H-1B registration and application process. While thinking about these costs, it is important to understand who pays for which fees and at what point in the process these fees need to be paid.
H-1B visas are used by U.S. businesses and organizations to employ international workers. Applicants will have either graduate level qualifications or sufficient expertise to work in qualifying occupations. For further information on who can apply for a H-1B visa, see: https://oliverzhanglaw.com/everything-you-need-to-know-about-h-1b-
An H-1B visa, itself, can cost an upwards of $6,470, not including a premium processing fee or attorney fees. Here is breakdown of who is responsible for what:
|Fee||Amount||Who is Responsible?|
|Basic Visa Filing Fee (I-129)||$460||Employer|
|USCIS Anti-Fraud Fee||$500||Employer|
|Public Law 114-113 Fee||$4,000||Employer|
|ACWIA Education & Training Fee||$750 (less than 25 employees) $1,500 (more than 25 employees)||Employer|
|Attorney Fee||Variable (please contact us at 202-643-1110 for free consultation and quote)||Employer|
|Premium Processing (optional)||$2,500||Employer or Employee|
E-Registration Fee: $10
Basic Filing Fee: The standard (basic) filing fee is $460 according to the I-129 petition for H1b visa.
USCIS Anti-Fraud Fee: This $500 fee applies to new H-1B petitioners or those who are changing employers. However, those submitting extensions with the same employer or those who qualify under the Chile or Singapore Free Trade Agreement do not have to pay this fee.
Public Law 114-113 Fee: This fee exists for companies with more than 50 employees, where over half of those who are employed with H-1B or L1 visas. This additional fee is $4,000.
ACWIA Education & Training Fee: ACWIA stands for American Competitiveness and Workforce Improvement Act of 1998. These fees depend on the size of the company sponsoring the petitioner. For companies with less than 25 employees, the fee is $750. For companies with more than 25 employees, a $1,500 fee is required. The following entities are exempt from paying this fee:
- Higher education institutions
- Non-profit entities related to higher education institutions
- Non-profit research organizations
- Primary education institutions
- Secondary education institutions
- Government research organizations
- Non-profit entities engaging in curriculum-related clinical training programs for students
Attorney Fees: H-1B attorney fees vary depending on the office. Please contact our office at 202-643-1110 or [email protected] to receive free consultation and quote.
Premium Processing Fee (optional): H-1B premium processing is an optional service that USCIS offers for a fast-tracked decision. This fee is $2,500. With this option, the fee can be paid by either the employer or employee.
Immigration laws and regulations change frequently, including the H-1B visa petition process. Missing or inaccurate information often can lead to USCIS denials of H1b visas. At Oliver-Zhang Law, we pride ourselves in our exemplary, client-focused service. Our experienced H-1B lawyers are here to provide the best service and help you succeed. Please contact us today at [email protected], or 202-643-1110 for a FREE immigration attorney consultation. We are looking forward to assisting you.