Many of you might be wondering regarding the H1B fee for this fiscal year. Are there any changes to the filing fee for this fiscal year ? How much does it actually cost an employer for filing the H1B Visa for FY 2019 . Lets review all the fees and their descriptions in this article.
Are there any changes to H1B Visa Filing Fee for FY 2019 ?
No, there are no changes. Below is some history on the primary changes to fee in last few years.
- 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.
What is the actual H1B Filing Fee for FY 2019 quota ? What is the breakdown ?
H1B petition filing involves a set of fees that every employer has to pay. Not all of this applies to every petition filed, it varies by the company size and the other factors as explained below. Here is the breakdown of the fee
|Fee type||Fee in USD||Details|
|Base filing fee||$460||For every petition ( went up in Dec 2016)|
(American Competitiveness and Workforce Improvement Act of 1998)
| $750 – for employers with 1 to 25 full time employees )
$1500 – 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 only. Does not apply to Chile and Singapore based H1B1 petitions|
|Fee based on Public Law 114-113||$4000||Applicable, 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 H1B fee increase $4000 rule to check if it applies to your case
|Premium processing fee (Optional)||$1,225||For faster adjudication within 15 calendar days. As per this year’s press release, USCIS will consider the 15 day clock from starting from no later than May 16th.|
|Immigration Attorney Fee||Varies 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.|
In summary, depending on the size of the company, the H1B filing fee can vary anywhere from $1,600 USD to $7,400 USD + the Attorney fee( if any).
H1B Fee paid by you or employer ? Who pays for What when filing H1B visa petition ?
Many of you would wonder, who would pay for the H1B petition. For the most part, it is an employer’s expense. You should NOT pay for it. Below is a brief summary
|Fee component||Cost||Who Pays for it ? Why should they pay for it ?|
|Base filing fee||$460||Employer or H1B Sponsor.
It is employer’s business expense as they intend to hire a highly skilled individual and bring them on-board
|AICWA Fee||$750 or $1,500||Employer/ H1B Sponsor.
It is employer’s business expense. Law requires that this fee is never passed to the employee being hired or any other third party
|Fraud prevent & detection fee||$500||Employer.
It is employer’s business expense. Just like above, it is mandated by law and employee being hired should NOT pay for it.
|Fee based on Public Law 114-113||$4000||Employer.
It is employer’s business expense. This is a law that was passed earlier in 2016 year under Omnibus bill.
|Attorney Fee||Varies||Employer. It is employer’s business expense.|
|Premium processing fee (Optional)||$1,225||Optional fee. Either employer or You ( Employee being hired).
If you bear it, the employer has to demonstrate to DOL that it was expedited due to your personal reasons.
|Visa Stamping fee ( fee involved in getting H1B visa at US consulate )||varies by country||Employee’s 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.|
To avoid confusion and protect the employee’s best interests, 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
Did you pay any fee ? What was your experience working with your employer for H1B filing ?