One of the things that everyone are curious about whenever we have a new H1B visa filing season is that regarding fees involved with a H1B Visa petition. Many questions like below are often hovering in your minds…
- What is the actual H1B Visa filing fee for FY 2014 ?
- Who pays for H1B filing ? Should I pay as employee ?
- Did the fees increase for fiscal year 2014 ?
- What is the USCIS fee? What is the attorney fee ?
- What is premium processing fee for H1B Visa ?
Many of these will be addressed in this article.
Did the H1B Visa fee increase for Fiscal year 2014 filing ?
No, not really. USCIS did not increase the H1B Visa petition filing fee for the fiscal year 2014. In fact, the fee is already at a very high number, which was raised in Aug 2010, with H1B fee Public Law 111-230
What is actual H1B Visa 2014 filing fee ? USCIS Fee ?
There are various components that make up the overall H1B Visa Filing as described by USCIS. Below is the breakup.
|Base filing fee||$325|
(American Competitiveness and Workforce Improvement Act of 1998)
|$750 ( For employers with 1 to 25 full time employees )
$1,500 ( For employers with 26 or more full time equivalent employee )
|Fraud prevent & detection fee||$500 ( only applies to New H1Bs and Change of employers petitions )|
|Fee based on Public Law 111 – 230||$2000
( if more than 50 employees and more than 50% of employees are on H1B or L1 Visa status, required for new H1B filing and change of employers )
|Premium processing fee (Optional)||$1,225 ( for faster adjudication within 15 calendar days)|
Attorney Fee for visa filing ?
Besides above mentioned USCIS fee, employers also incur attorney fee for filing the H1B visa petition. There is nothing set from attorney fee perspective as it varies. In general, it can be in the range of $500 to $2000, depending on the fee charged by attorney. Also, some of the firms have their dedicated in-house attorney to take care of these kind of cases.
Who Pays for H1B visa filing fee ?
Legally an employee should not pay for filing the H1B visa. It is a company’s expense and should be taken care by the H1B Sponsoring employer.
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