Home » US Immigration - Visas » H1B Visa » What is H1B Visa Filing Fee with USCIS? Who pays for What?

What is H1B Visa Filing Fee with USCIS? Who pays for What?

The H1B Visa is one of the most sought-after visas for highly skilled workers to work in America. Depending on the size and status of the company, the H1B petition filing fee could vary greatly. Also, it is important to understand who pays for what fee during the end-to-end H1B visa process.

In this article, we cover all the details related to the fees associated with H1B Visa filing and application fee, including who pays for what portion of it. We also track the latest news updates related to H1B Visa fee changes, including for the H1B Visa FY 2025 season.

H1B Visa Filing Fees: USCIS Fee Vs. Visa Stamping Fee

If you look at the end-to-end H1B Visa process, from submitting an H1B Registration to getting H1B Visa Stamped in the passport, there are two main agencies that you pay the fee as listed below:

  • H1B filing with USCIS: You work with USCIS in the first step, where you pay for registration, application and various other fees to USCIS to get the approval notice.
  • H1B Stamping with US Dept of State(US Consulates & Embassies ): If you are applying for H1B from outside of the United States, you also need a valid H1B Visa stamp to enter the US and work. You need to apply for US Visa at a consualte for the same. As part of that process, you work with US Consulates or embassies and this the other fee an H1B visa holeer would pay.

Let’s look in detail at the fees that are paid to each of these agencies and who pays for what part of the same.

H1B Visa Filing Fee with USCIS for Registration, Petition

If you are going through the H1B lottery, you will start with the H1B Registration Process and then submit the H1B petition with USCIS, if you get selected in the H1B Lottery. H1B Visa filing with USCIS involves a set of fees that every employer has to pay. Not all of the fee components apply to all employers, they vary by company size and other factors as explained below.

Below is the breakdown of the fee type, fee amount in USD, and details of the fee.

H1B Filing Fee

Fee in USD

What is the Fee for?

H1B Registration Fee$215This is for H1B Registration filing before filing the actual petition. It is applicable only to new applicants going through H1B lottery & registration for the first time. It was introduced from the FY 2021 season. This fee went up from April 1st, 2024. For FY 2025 Season, it was $10 per registration
 Base filing fee$460
This is the I-129 Form Application Fee.
Below is fee that is effective from April 1st, 2024:
– Paper Filing: $780
– Online Filing: $730
For Small Employers ( less than 25 employees)
– Paper Filing: $460
– Online Filing: $460


This is a fee as per the American Competitiveness and Workforce Improvement Act(ACWIA) of 1998.
– $750 for employers with 1 to 25 full-time employees and
– $1500 for employers with 26 or more full-time equivalent employees
Fraud prevention & detection fee$500This only applies to New cap-subject filings and H1B Transfers with a change of employer. This fee does not apply to H1B1 Petitions filed by Chile or Singapore nationals.
Fee-based on Public Law 114-113$4000Applicable, if 50 or more employees and more than 50% of employees are on H1B or L1 Visa status, required for new H1B filing and change of employers.
Read the H1B fee increase $4000 rule to check if it applies to your case.
Asylum Program Fee$300


– For companies with less than 25 full-time employees the fee is $300
– For companies with less than 25 full-time employees the fee is $600
– For non-profits it is $0
Premium processing fee (Optional)$2,805For faster adjudication within 15 calendar days. The fee changed to $2,500 to $2,805 from Feb 26, 2024. Check USCIS Fee Increase Annoucement
Immigration Attorney FeeVaries from $500 to $3000 This varies depending on the attorney.  This fee applies to companies that work with third-party immigration attorneys for filing the H1B Visa petitions. Some large organizations have in-house attorneys. If the employer does not have any in-house attorney, it would cost them anywhere from $500 to $3000.
Summary of H1B fee components
  • In summary, depending on the size of the company, the H1B filing cost can vary anywhere from $2225 USD to $7595 USD + the Attorney fee( if any).
  • If you pay for premium processing, it will also add up to the fee and the fee can vary anywhere from $5,030to $10,400 + the Attorney fee (if any)
  • You can read USCIS H1B Filing Fee Guidance for more details on the above fees.

You may watch the H1B Visa fee YouTube video.

Who pays for the H1B Filing Fee with USCIS?

Many of you would wonder, who need to pay for the H1B petition. For the most part, it is an employer’s ( H1B Sponsor) expense.

You as an H1B sponsored employee or the beneficiary should not pay for it. Below are the details on who pays for what fee. When you see ‘Employer‘ in below table, it is nothing but the “Company” that is sponsoring your H1B Visa

H1B Fee Type

Who Pays?

Why should they pay?

H1B Registration FeeEmployerIt is the employer’s expense as they are hiring the applicant. Only for first-time cap-subject petitions.
Base filing feeEmployer
It is employer’s business expense as they intend to hire a highly-skilled individual and bring them on-board
AICWA FeeEmployerLaw requires that this fee is never passed to the employee being hired or any other third party.
Fraud prevent & detection feeEmployerSimilar to above, it is mandated by law, and employees being hired should NOT pay for it.
Fee-based on Public Law 114-113Employer This is a law that was passed earlier in 2016 year under the Omnibus bill and has to be paid by the employer.
Asylum Program FeeEmployerThis is part of the I-129 form and has to be paid by the employer.
Attorney FeeEmployerAs the H1B petition is filed by the company, it is them who are working with the attorney and hence employer has to pay for this as well.
Premium processing fee (Optional)Employer
This is an optional fee.
Either employer or H1B Applicant can pay for this fee.
If an H1B applicant pays for it, the employer has to demonstrate to the US Department of Labor(DOL) that it was expedited due to your personal reasons.
Visa Stamping fee ( fee involved in getting H1B visa at US consulate )varies by countryThis is an optional expense for employers. Many employers pay for the visa stamping fee. But it depends on the employer.

As per law, all the costs involved in obtaining a visa at consulate, including cost involved in translation of your credentials, etc. are H1B applicant’s expenses. It will not be an employer’s expense. The employer would only send you the documents required for visa stamping.
Summary of H1B Visa fee – Who pays for what fee

H1B Visa Stamping Fee with US Dept of State

If the H1B applicant is living outside of the US, they need to get an H1B Visa Stamp to enter the US. In order to apply for the same, after the H1B petition is approved by USCIS, the applicant has to go through the US Visa Stamping process. Below are details on who pays for the same.

H1B Visa Stamping Fee

Fee in USD

What is the Fee for?

H1B Visa Application Fee$205This is the US Visa Stamping Application Fee. This is for the issuance of H1B Visa. You need to pay this for getting Visa Stamping Appointment and getting biometrics, visa interview appointments and ultimately visa stamp in your passport.
Check US Dept of State Website for Visa Fee
Photos, Documents Translation, Transport, etc.Not fixed, varies by case.These are administrative expenses that you would incur when you apply for US Visa Stamping. If your documents are not in English, you may need to translate them. You also would incur the cost of transportation and stay, if you are not in the same city as the consulate.
Summary of H1B Visa Stamping Fee Components

Who pays for H1B Visa Stamping Fee with the US Dept of State

Below are the details on who pays for the H1B Visa Stamping fee and guidance from US Dept of Labor on the same.

H1B Visa Stamping Fee

Who Pays

Why Pay?

H1B Visa Application FeeH1B ApplicantAs per the US Dept of Labor, all the fees related to your H1B Visa application at a US Consulate or US Embassy are the H1B applicant’s personal obligation and do not fall under employer business expense. See the below screenshot under the table.

Even though employers are not obligated, many times, H1B employers have an immigration or travel department and they book the US Visa appointment and pay the fee as well. So, it depdns on the company.
Photos, Documents Translation, Transport, etc.H1B ApplicantSimilar to above, these are personal obligation and usually paid by the applicant. But, sometimes, companies travel desk arragnes for all of these and they pay for the same as well.
Summary of H1B fee components
H1B Visa Stamping Fees Who Pays for it.
H1B Visa Stamping Fees from H1B Advisor on Who Pays for it.

To avoid confusion and protect the employee’s best interests, the US Department of labor(DOL) has a great tool that will help you verify. You can check out the article H1B Online advisory tool by DOL

Latest News Updates on H1B Fee Changes

  • April 2024: The USCIS increased the base filing fee to $780, added the Asylum Fee of $600 for large companies. Also, the H1B registration fee increased to $215. All of these fee changes are part of the USCIS Fee increase regulation.
  • February 2024: The USCIS increased the Premium Processing fee from $2,500 to $2,805 for H1B petitions that require expedited processing. Also, the H1B registration fee remains at $10 for FY 2025 Season.
  • February 2023: There is a regulation in Federal Register that is in the comment period with plans to change the USCIS filing fees for many forms, including H1B. This regulation will likely not be effective for H1B FY 2024 Season. We will update this article as more updates come in.
  • 2022 Year : There are no fee change for the H1B 2023 Season and nothing planned as of now.
  • 2021 Year : There were no fee changes for FY 2022 season since the last update of H1B premium processing fee from Oct 2020.
  • October 2020: The Premium Processing fee increased to $2,500 USD for H1B program based on a bill passed in Congress. Check USCIS Premium Processing Fee Changes, New Options for EAD
  • July 2020 : USCIS announced the changes to various fees in July 2020. There was an overall average increase of 20% fee increase. This fee change include H1B visa base filing fee too. It is set to be effective from October 2nd, 2020. Check USCIS Fee increase H1B Fee – Oct 2020
  • March 2020 : There were two fee changes for FY 2021 season .
    • H1B Registration Fee : One of the biggest changes for FY 2021 season is introduction of the new registration system for lottery, before filing the actual petition with USCIS. As part of that change, USCIS will charge $10 USD fee per applicant for the registration process. You can read more at H1B Registration Rule – Updates, Fee.
    • Premium Processing Fee change : The optional premium processing fee for H1B is going up from $1410 to $1440 USD.  It is a $30 increase in the fee. This was effective from Dec 2nd, 2019. So, for FY 2021, this fee change will apply as well.
  • October 2018 : From October 1st, 2018, the Premium processing fee went up to $1,410 USD
  • FY 2017 Fee Changes : For FY 2017, there were changes to the filing fee, the H1B petition filing fee increased by $4000 USD for certain employers who fall under the below category and base filing fee went up in Dec 2016. All the companies that have 50 or more employees and 50% of their employees are non-immigrant workers need to pay an additional fee of $4000 USD. The fee increase is applicable for new petitions and transfers, but not applicable to extension petitions with the same employer.  This fee is additional fee to the standard H1B fee that is applicable.

Common FAQs

My employer is asking me to Pay for the H1B Filing Fee, Is it Legal?

No, it is not legal to pay the H1B fee as an applicant. It is employer’s business expense and they need pay for all the expenses related to H1B visa Petition filing.

Can I as an applicant Pay for the H1B Premium Processing fee?

This is a subjective thing and discretionary expense. Depending on the circumstances the employee may pay this fee. But, the employee has to justify this to the US Department of Labor, if asked that it was due to personal situation.

Employer asking to Pay for H1B filing fee, saying will reimburse after coming to the US and working – Is it Legal?

No, it is not legal to pay for the H1B Visa filing process by the applicant. It is employer’s expense to file and pay for everything. Anything like the payback agreement is not legal.

Where is the Official Documentation for H1B Fee?

For official documentation, you can check USCIS.gov H and L Filing Fee page for up to date information

When is the new H1B Registration Fee of $215 effective?

The proposed fee increase for H1B electronic registration from $10 to $215 is effective from April 1st, 2024. It will be applicable for H1B Fiscal Year 2026 season that starts in March 2025.

Will the H1B filing fee go up for H1B Fiscal Year 2026?

We do not know at this point. Looking at the fee changes that happened in 2024, it is unlikely that the H1B fee would go up for the fiscal year 2026

Did you pay any fee? What was your experience working with your employer for H1B filing ?


Other Articles


  1. Hi,
    Actually, I’m on f1 visa in America ; and I’m thinking about job, can I get one? How?
    And what if my employer don’t apply for my h1b?

  2. Hi.

    I was selected for H1-B visa. And my company doesn’t have company lawyer, so I hired immigrant attorney for my visa process. However, my company is sponsoring other expenses but attorney. Asking me to pay for attorney fee. Is it legal? if it’s illegal, does it apply to employee who’s in probation period too?

  3. Hi,
    I am in Saudi Arabia(Pakistani national) My Employer is asking for “National insurance number” fees that are handled by the overseas employee as per them, how can I know if it,s legit or a fraud scheme? as per them, they are gonna get my H1b visa.
    Please let me know whether to send money or not?

  4. I am driving person and i want to get job at USA how can i go.I am from poor family.I can learn and speak English in each case.

  5. I am Alemayehu Teferi Gudata from Ethiopia who graduated MSC in biology from AAU university and health education and promotion from jimma university. However, still I am 37 yes old.

  6. I got h1b sponsor from a LLC company and it was stamped on Jun 2019 but unfortunately they are not willing to call hence I am looking for h1b transfer from india

    1) is it possible to transfer h1b without travelling to usa from India to other employer?

    2) can I travel to usa and stay in my friend’s room to search job without knowing sponsor company in my own cost if 1st question is not possible

    3) will they ask invitation later or any docs in Port of entry if I travel in my own cost

  7. hello,

    I am an accountant currently working in Non profit organisation in USA. My company falls under cap exempt. I am currently working on my L2 dependent visa, I asked them to sponsor my H1 and they are ready to do it but the thing is, they are ready to pay all expenses related to visa fee but they are saying they will not pay any charges for the lawyer or the lawyer fees. In short they are asking me to hire a lawyer and pay all fess associated with it . What should I do? Please guide me.

    Thanks in advance.

  8. Please help me if this true or not this agency I hope you can help me

    On Dec 3, 2018 10:59 PM, Ovation Travel wrote:

    1463 Dallas PKWY,

    #960, Dallas,




    Dear Applicant,


    Our Office has received your mail :
    Visa Agency wishes to thank you for contacting us regarding the arrangement of your Traveling Documents to the United States. We promise to Offer you the best.
    As a Skilled worker (Nanny), you would be needing H1B visa to live and work in the United states. The H-1B visa has an annual Numerical Limit, or cap, of 65,000 visas each fiscal year. The H1B visa is commonly known as work visa to USA. H1 visa is an employment based visa that can be granted for an eligible and qualified temporary worker. For the H1-B visa, an employer must offer a job and apply for your H1B visa petition directly or through a travel agency with the US Immigration Department. This approved petition ( approved form I797) is a work permit which allows you to obtain a visa stamp and work in the U.S. for that employer.
    Once your H1B petition / Work permit has been approved, we would setup a H1 visa interview with nearest applicable US consulate or embassy in your country to stamp and endorse your Passport. The H-1B visa is initially valid for three years and can then be extended thereafter.
    Here are the documents needed from you:
    Also Kindly answer the questions below and get back to us ASAP:
    Also,the other pertinent Documents we will need is Bank Statement of Account,Invitation Letter,Reference Letter and Tax Clearance would be provided by your Employer here. Our office will help you by filling up the application form with all necessary details once we receive the requirement asked from you.
    All Documents will be processed and arranged here in our Office after which it would be forwarded to the American Embassy in your country excluding your Flight Ticket.
    Also, some Copies of this Document(s) will also be sent to you. We will begin in earnest once we receive all necessary details.
    The H1B processing time varies with your nationality because all cases are different. Generally it takes between 14 working days to process an emergency H-1B visa which is required in this case.
    TOTAL CHARGES $1425.00
    We would begin in earnest once we receive full documents as stated above and your payment. We would email you your invoice and payment details once we receive your full details.
    In anticipation of your response.
    Yours faithfully,
    Ovation Travel

  9. My company has 1000 employees and I am the first person for whom they are filing H1b Visa. Do they have to pay $4000 extra for that?

  10. Hi!
    Is it true that NON-US Citizens are responsible for paying the H1-B visa fee and other visa processing fees?
    As per the employer they will only provide the air-tickets once visa is issued as mentioned in the offer letter given.


  11. Need Help expert please.
    One of US based company file my H1b on 2016 and they took $4800 assignment fees for h1b ! I didn’t know the DOL(US department of Labor) law and I paid as employer want ! while DOL cleared that employee never paid money for h1b, I just read DOL that It is employer’s business expense, it is mandated by law and employee being hired should NOT pay for it.

    Employer are not in mood to return my $3500 after rejection H1b on RFE which sent by employer to USCIS, it was not approved h1b, employer sent statement that if you rejected then we will return $3500 after deduction process fees out of $4800. Any suggestion what should I do to employer for return my money according the agreement please ? I will really thankful to you for your kind support.

      • Thank you so much Kumar, I talked with company concern person and discussed him about DOL as you mentioned in comments but company HR resource deny it and he told me that we took Assignment fees$4800 for h1b not H1b fees 🙂 ! and you never claim for that !!

        Even one of their senior HR resource sent me refund latter for $3500, I filled and submitted but still not response me by email but on call they said we never refund you !!
        Kumar – any suggestion please, really need help here please.

        • Asif,
          All you can do is report, if you have any evidence that you paid them, you can send them to DOL and USCIS and proceed, but besides that there is nothing you can do. You can always inform them and negotiate that you are doing this and maybe they may give back…not much you can do other than this.

  12. Hi Everyone,
    I am applying for H1B this year. I am the 1st person from my company applying for H1B.
    How much will it cost to for my company to sponsor my H1B

    Details of company:
    No. of Employees:750
    No. of H1B Employees: 0

    Can anyone please provide me with an approximate cost for filing H1B.

    Thank you.

        Answer: No. If the company has 25 and 50 employess who are on H1B, the company has to pay 4000$.

  13. Hi
    I have got selected in H1B Lottery this year 2018. And unfortunately I got RFE, as most of the petitioners are getting this year. My problem is my Consultancy is charging another $1500 for RFE response fees. I don’t know what is that fees they are charging. Please help me regarding this.

  14. Please help me to know whether it is genuine or scam.

    Dear Job Seeker

    In reference to the submission of your resume, we glad to inform you that our recruitment team found your resume impressive and thereby extending the opportunity of being part of our productive team at Ten Atlantic city New Jersey United State.

    All lucky candidate will be entitle for flight ticket from the applicant present location to Atlantic city New Jersey United States, and Accommodation will be provided for all our employed staff by the management, these apartments will be able to accommodate staff and family for the duration of the contracts . if applicant is coming with any family member he or she will be responsible for their visa fees of the accompanies ,food and accommodation is provide by the management for the total duration of contact period and the contract can be extended.

    $ 3800 US DOLLAR – $ 4,700 US DOLLAR monthly depending upon experience and Field of specialization, just fill the post and alternative post you are seeking for in the application form.

    Attached to this mail is the Employment application form you have to make the print out of the form, fill it up carefully by hand and send a scan copy back to us along with this *Require Documents : scan copy of your international Passport , scan copy of your passport photograph , scan copy of your school certificates, and scan copy of your job experience certificate if any ,make sure you send it along with your filled employment form.

    * Basic Requirement
    1. Candidate must be able to Read and Write English language.
    2. Age limit. From 20-60 years
    3. Candidate must be able to work under a contract agreement, for a minimum of 3 years period.

    Respond earlier as there are limited spaces and it is first come, first serve.


    Mrs. Rita Butler
    Human Resources Manager
    Telephone: +16093183290
    Ten Atlantic city New Jersey
    United States.

        • This is fraud forum

          Do not call list
          Windows Support with indian accent
          scam calls from police department
          IRS SCAM
          ICloud hacked SCAM
          alternative formats for 609-318-3290 (609)318-3290 01116093183290 (0111)-609-318-3290 0111/609 318 3290 (0111) (609) 318-3290 +16093183290 +1(609)3183290 +1609/3183290 +160

          • Exchange Code 609 for Area Code 318 covers the city of Atlantic City, Atlantic County in the State of New Jersey (NJ). It is centered at N 39º 21′ 51.42″ W 74º 25′ 22.54″. This Exchange Code was introduced on Thursday, 16th April 2009 and is designated as being used for Landline telephones.

    • I also received same mail. Kindly help me to understand whether is true or fraud. Anyone can contact me via email.

      Thank you

    • Hi Bikram,

      I also received this mail. And will get telephonic interview. Please do tell me anything you hear more about this one whether it is true or not. Cause I want to go for it if it is true to my mail. I would be very thankful.

    • I also got this mail same to same This hotel is closed now ten Atlantic City. Ok I’m feeling this is not right… My number is 7718824464 call me this number.

    • Hi Bikram,
      Have you replied to this email, because even I have received this mail 2 days back, and if its a genuine true mail from their side, would like to apply.

      please reply.
      I need your suggestion.

    • hey Bickram,

      I received the same mail today would like to ask if it is genuine or not coz in the attached form its mention that we have to pay 500$ as a visa fee, so m curious how visa fee is that less, could you lead me through my question.

  15. Hi,

    My H1B visa is initiated by company, I didn’t receive any acknowledgement yet whether its approved or rejected. I tried to know it from creating ticket from company portal but they dont have information about same.

    Now I am planning for switch company, in this case if I resign company will put fine or penalty as result is yet to come?


  16. Hi,
    I have 2 queries for L1 visa filling.

    1. My employer is asking me if L1 is filled then i can’t come back in 2 years timeline else i have to bear 15000 USD amount.

    2. And if L1 is filled , and due to some reasons either client or opportunity is not in USA at that time..so if i say that i don’t want to contunue for L1 , then i have to bear 8k USD amount. And usually how much time it takes for L1 filling.

    Please, help to reply on this.

    • Ashu,

      I assume the employer will enforce the contract in India and not US as employment in US is generally at-will.

      L-1 processing could take several months (4-6).

  17. I would like to travel to Canada for short periods (3 days at at time, mostly weekends) .
    Apparently they need to file for “consular processing” for me to be allowed to travel, and there is some hesitation to file for this consular processing by my employer for some reason.
    Would you know more about it, and would you know the extra costs associated with it ?

  18. HI,
    My employer asked me to send all documents , and also asking me when I will be able to send him the h1b fee of $3500.
    But how can I trust by paying $3500 ?
    Is there anyway I can catch hold of them before paying the fee because I don’t have any idea of this company if this is real or fake company.
    However the company is listed in the E-verify website and also in federal state website.
    Please help me how can I make sure this company is genuine

    Thank you

    • Hi Rohith,

      Your Employer will be taking care of H-1B fees. As it is sponsored by Employer. It is illegal if he is asking you to pay any fees.


  19. Hi My self Kumar,

    I am planning to apply H1 B, can a y one please guide to how to proceed further and wht are the charges to be bear by me.

  20. hi,
    My employer wants me to share the h1b cost. They haven’t filed H1b yet and they are planning to file for me and 2 other this year.
    Can you please guide me on this?

    Thank you

  21. Dear sir,

    My name got picked in the lottery 2016 but unfortunately my profile has gone to rfv and the consultancy guy who helped me applying visa is saying we have spend another 3000 dollars to sort this out. Is that true? why do we need to spend additional amount?? Can you please help me getting the answers please? Thanks in advance.

  22. I currently work in the USA under OPT. My status is up come MAY 31. My company is very open to any imimgraiton status to keep me here in the US. I am form Canada originally. Is the H1B a timing issue? Have i missed the lottery for this year? and if so, when can i apply for the next year and then be eligible to work?

    • Lucas Scocchia,

      As a Canadian citizen, you may use TN visa to work while your employer applies for H-1, which you may or may not receive due to lottery.

  23. I graduated in Engineering in 2015. Co-founded a startup and worked for a year and a half for its growth. Now I want to move on and pursue a job in USA or Canada. I gave interviews and got selected for overseas posting. I have never gone outside India before. The mandatory prerequisite told by employer is that I must hold a H1B Visa. (Cap exempt, petition approval). What can I do in this case when I don’t have the visa?

    • Valour,
      Well, all you can do is wait until April of next year and apply for H1B visa through your employer. You may have to go through lottery as well. If you get picked in lottery and your petition is approved, you can start to work from October of next year.

  24. I am working for indian iT company. Petition approval is expected and will come any time now.
    Shall I quit my company and can apply for visa with other company in future?

  25. I wanted to double check my understanding. So a new petitioner who’s never filed for H1B before would still need to pay the $4,000 fee even if they don’t have more than 50 employees and not 50% of employees are H-1B, L-1A or L-1B nonimmigrants. (My prospective employer is a small organization and I’m pretty sure don’t have any foreign worker.)

  26. I am working in service based project of international bank. I got selected in lottery.
    I have good offer from same banking client but in India.
    My company is not disclosing any details. They will update once they got response from USCIS.

    How much fine now I need to pay if I quit?
    As per now, I just got confirmation of lottery. Considering August end, I could have got more information about my H1B status.

    • ALKA Gujarathi,

      What do you mean by fine to pay? The H-1 fees need to be paid by the employer and not employee. So you are not on hook to pay anything related to H-1 fees. If your employer asks otherwise, then he is violating H-1B rules.

      • Petition approval is expected and will come any time now.
        Shall I quit my company and can apply for visa with other company in future?

        • ALKA Gujarathi,

          What visa do you want to apply through another employer? A cap-exempt petition would require current petition to be approved first. If it is not approved and withdrawn (b/c you left the company), then you have to go through the cap again.

  27. Your Comment *
    guyz….. in b.biotech(biotechnology) 3rd year……n i wanna go us….so plzzz give me info that how i can get a vise of best cost…….n how i can apply for it

    • You need to take GRE, TOEFL and apply first to schools, then comes the visa part. I suggest you read some articles under Study in USA section.

  28. Hi , can you please guide me if employer breaks the contract with the employee due to any reason then in that case whether employee is supposed to pay for H1B fees?because in my contract which i signed 1 year ago with some recruitment firm it was mentioned that I am responsible for all the direct and indirect cost which my agency has spent on me. now they are telling me to pay around 3000$ for H1B fees which they filed this year in april..but it was not selected due to cap.kindly help me

    • Angel,

      Are you saying that your H-1 petition was filed, but not selected in lottery and now the employer/agency is asking to pay 3000 USD as part of H-1B filing fees?

      That is illegal. By law they are required to pay for all H-1B fees and not you. Tell them what H-1B law is.

  29. What will happen if employer apply for H1B and the employee quits before the lottery decision? If its not picked up, the employer will get back fees. But if its picked up in lottery but if the employee is not available in company, will the employer can still withdraw the petition and get back the fees?

    Also it would be great if there is any way on how to check whether the employer has more than 50% on H1Bs or L1 (to know whether the employer paid extra 4000$ fee ).

    • TruetoBe,

      Once the petition is selected in the lottery, no fees is returned in any scenario.

      Your employer is the best person to know how many employees are on H1/L1. And it should not matter to you, as by law they are responsible for paying the fees and not you.

      • Thanks a lot Saurabh. got the answer. The intention behind my question was – My employer made all of us to sign the bond for $8k as visa expense/Attorney expense if we quit in between. So thought to check whether its really that much investment from employer end. Looks like if that $4K is applicable , it make sense (but definitely they will not disclose whether they paid 4k$ or not). As per your answer looks like until the lottery result comes, neither my company fire me not I can quit 🙂

        Once again thanks for your timely help.

    • kalyan,
      New fees will be applicable soon after President signs into a law and its passed down to USCIS. If it happens prior to April 2016 (most likely), then that’s when it will happen.


Leave a Comment