How Much Are H-1B Visa Fees?

The cost of securing an H-1B visa is not a simple, single number. It’s a composite of various fees levied by the U.S. Citizenship and Immigration Services (USCIS) and potentially other entities. The total expense can range from a few thousand dollars to significantly higher, depending on the employer’s size, the specific circumstances of the petition, and whether expedited processing is sought. Therefore, pinpointing an exact figure requires understanding the different fee components.

Here’s a breakdown of the typical fees involved:

• Base Filing Fee (Form I-129): This is the foundation upon which all other fees are built. It currently sits at $460.

• American Competitiveness and Workforce Improvement Act (ACWIA) Fee: This fee is where employer size matters. Companies with 25 or fewer employees pay $750. Companies with more than 25 employees are subject to a higher fee of $1,500.

• Fraud Prevention and Detection Fee: Introduced to combat fraudulent H-1B petitions, this fee is a flat $500.

• Public Law 114-113 Fee (Additional Fee for Certain Employers): This fee applies to employers who employ 50 or more employees in the United States, with more than 50% of those employees holding H-1B or L-1 nonimmigrant status. These employers are required to pay an additional $4,000.

• Optional Premium Processing Fee (Form I-907): For those employers seeking expedited processing of their H-1B petition, USCIS offers premium processing. This service guarantees a decision (approval, denial, Request for Evidence (RFE), or Notice of Intent to Deny) within 15 calendar days. The premium processing fee is $2,805.

• Attorney Fees: While not mandated by USCIS, most employers engage the services of an immigration attorney to navigate the complexities of the H-1B process. Attorney fees can vary significantly based on the complexity of the case and the attorney’s experience, but they can easily range from $2,000 to $10,000 or more.

• Other Potential Costs: Depending on the circumstances, other costs might include expenses for obtaining certified translations of documents, credential evaluations, and travel expenses for the beneficiary to attend consular interviews (if required).

Therefore, a small company seeking an H-1B visa without premium processing might pay around $3,710 (Base Fee + ACWIA Fee + Fraud Prevention Fee). A large company, subject to the Public Law 114-113 fee and opting for premium processing, could face costs upwards of $9,265, excluding attorney fees and other potential expenses. Always verify the latest fees on the USCIS website, as they are subject to change.

Frequently Asked Questions (FAQs) About H-1B Visa Fees

What forms of payment are accepted by USCIS for H-1B fees?

USCIS typically accepts various forms of payment, including checks, money orders, and credit cards. They strongly encourage using credit cards (Visa, Mastercard, American Express, and Discover) or electronic funds transfers (EFTs) for faster and more secure processing. Always make checks and money orders payable to the U.S. Department of Homeland Security. Be absolutely certain that the payment amounts are correct, and clearly indicate the petitioner’s name and the beneficiary’s name on the payment.

Who is responsible for paying the H-1B visa fees: the employer or the employee?

Generally, the employer is legally responsible for paying most of the H-1B visa fees, including the base filing fee, the ACWIA fee, the Fraud Prevention and Detection fee, and the Public Law 114-113 fee. It’s illegal for the employer to require the employee to directly or indirectly reimburse them for these costs. However, the employee may be responsible for certain personal expenses such as visa interview fees, passport fees, and costs associated with translating personal documents. Always consult with an immigration attorney to understand the specific responsibilities of the employer and employee regarding fee payment.

Are there any exemptions or waivers available for certain H-1B fees?

While full fee waivers are rare, certain non-profit organizations are exempt from the ACWIA fee and the Fraud Prevention and Detection fee. These organizations typically include institutions of higher education, related or affiliated non-profit entities, and governmental research organizations. To qualify, the organization must demonstrate its non-profit status to USCIS.

What happens if the H-1B petition is denied after the fees have been paid?

If an H-1B petition is denied, USCIS typically does not refund the fees paid. These fees are for the processing of the petition, regardless of the outcome. The only exception might be in cases of clear USCIS error. However, if premium processing was requested and USCIS fails to meet the 15-calendar day processing deadline, the premium processing fee may be refunded.

Can the H-1B fees be paid in installments?

No, USCIS generally requires all applicable fees to be paid in full at the time of filing the H-1B petition. Payment plans or installment options are not available.

How long is an approved H-1B visa valid for?

An approved H-1B visa is typically valid for an initial period of up to three years. It can then be extended in increments of up to three years, for a maximum stay of six years. After six years, the beneficiary may need to reside outside the U.S. for at least one year before being eligible for another H-1B visa. There are exceptions to the six-year limit under certain circumstances, such as when the beneficiary has a pending green card application.

What is the H-1B cap, and how does it affect the chances of approval?

The H-1B cap is the annual limit on the number of new H-1B visas that can be issued each fiscal year. The current annual cap is 65,000, with an additional 20,000 visas reserved for beneficiaries with a U.S. master’s degree or higher. The cap significantly affects the chances of approval because, in most years, USCIS receives far more petitions than there are visas available. This necessitates a lottery system to randomly select petitions for processing. Therefore, even a perfectly prepared petition can be rejected if it’s not selected in the lottery.

What is the difference between the H-1B visa and the H-1B amendment?

The H-1B visa is the initial approval that allows a foreign national to work in the U.S. in a specialty occupation. An H-1B amendment is required when there is a material change in the terms of employment, such as a significant change in job duties, a change in work location outside of the Metropolitan Statistical Area (MSA), or a new employer through a merger or acquisition. Filing an amendment involves many of the same fees as an initial H-1B petition, including the base filing fee and potentially others, depending on the specific situation.

What are prevailing wage requirements for H-1B positions?

The prevailing wage is the average wage paid to similarly employed workers in a specific occupation and geographic area. Employers seeking to hire H-1B workers must pay at least the prevailing wage for the position. The prevailing wage is determined by the Department of Labor (DOL) through a process called a Labor Condition Application (LCA). The LCA must be certified by the DOL before an H-1B petition can be filed with USCIS. The purpose of the prevailing wage requirement is to protect U.S. workers from being displaced by foreign workers who are paid lower wages.

What is the role of the Labor Condition Application (LCA) in the H-1B process?

The Labor Condition Application (LCA), filed with the Department of Labor (DOL), is a critical first step in the H-1B process. The LCA requires the employer to attest that it will pay the prevailing wage, provide working conditions that will not adversely affect similarly employed U.S. workers, and notify its employees of its intent to hire an H-1B worker. Once the LCA is certified by the DOL, it can be submitted to USCIS along with the H-1B petition.

Is there a deadline to file an H-1B petition?

While there isn’t a fixed deadline in the calendar year to file an H-1B petition, the practical deadline is tied to the H-1B cap. USCIS typically accepts H-1B petitions subject to the cap starting on April 1st of each year for the following fiscal year (which begins on October 1st). Due to the high demand, the cap is often reached within the first few days of April. USCIS uses an electronic registration system and conducts a lottery to select petitions. Employers must first register electronically and then, if selected, file the full H-1B petition within a specified timeframe. It is crucial to begin preparing the H-1B petition well in advance of April 1st to ensure timely filing.

What happens if I change jobs while on an H-1B visa?

If you change jobs while on an H-1B visa, your new employer must file a new H-1B petition on your behalf. This is often referred to as an H-1B transfer. You can begin working for the new employer as soon as the new petition is filed, under the doctrine of portability, provided that you have been lawfully admitted to the U.S. in H-1B status and the new petition is filed before your authorized period of stay expires. The new employer will be responsible for paying the associated H-1B fees, similar to the initial petition.