With H1B Visa filing for fiscal year(FY) 2013 set to start tomorrow, some of you might be wondering with questions like :
- Should I pay for H1B fee ?
- Will the H1B sponsor pay for the H1B visa application filing fee ?
- What cost can I bear ?
- What are the laws that govern the H1B visa filing fee ?
- Did H1B filing fee increase for FY 2013 ?
- What is premium processing fee for H1B visa ?
Let me shed some light on the commonly asked questions related to fee.
What is H1B visa 2013 fee for USCIS ?
Below is the breakup of the various fee related to filing a H1B visa petition with USCIS for fiscal year 2013.
|Base filing fee||$325|
(American Competitiveness and Workforce Improvement Act of 1998)
|$750 ( For employers with 1 to 25)|
$1,500 ( For employers with 26 or more full time equivalent employee )
|Fraud prevent & detection fee||$500|
|Fee based on Public Law 111 – 230||$2000|
Read H1B fee $2000 rule to check if it applies to your case
|Premium processing fee (Optional)||$1,225 ( if you intend to do premium)|
Any additional cost the H1B Sponsor has to bear for visa filing ?
In addition to above mentioned fee, the employer incurs attorney fee. It can range anywhere from $500 to $2000 or more depending on the attorney…Some companies have a dedicated immigration department with attorneys, some go with external immigration practising agencies…
Should you pay for H1B visa fee ?
No, legally you should not pay for filing the H1B visa. It is a company’s expense.
Who pays for What in filing H1B visa petition ?
|Fee Type||Fee||Who Pays for it ? Why ?|
|Base filing fee||$325||Employer.|
It is employer’s business expense
|AICWA Fee||$750 or $1,500||Employer.|
It is employer’s business expense. Law requires that this fee is never passed to you or third party
|Fraud prevent & detection fee||$500||Employer.|
It is employer’s business expense. Just like above, it is mandated by law.
|Fee based on Public Law 111 – 230||$2000||Employer.|
It is employer’s business expense.
|Premium processing fee (Optional)||$1,225||Optional fee. Either employer or You.|
If you bear it, the employer has to demonstrate to DOL that it was expedited due to your personal reasons.
|Visa fee ( fee involved in getting H1B visa at US consualte )||varies by country||Your expense. All the costs involved in obtaining visa, including cost involved in translation of your credentials, etc. It will NOT be an employer’s expense. The employer will only send you the documents required for visa stamping.|
Department of labor(DOL) has a great tool to clarify some of your questions, check out the article H1B Online advisory tool by DOL
Did H1B filing fee increase for FY 2013 ?
Not really. The last time it was impacted was during the H1B fee Public Law 111-230.
You should check out What NOT to give to your H1B sponsor visa petition filing ?
What are your thoughts on the fee USCIS is charging ?