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What are the H-1B filing fees? How much does it cost to file an H-1B petition?

By February 9, 2021March 19th, 2021H-1B and E-3 Visa, Immigration

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations . This visa category requires that the foreign worker have at least a Bachelor’s degree (or progressive experience), and the U.S. employer can employ the worker for up to six years. While the bar for this visa is relatively low (the job must require a bachelor’s degree) the visa does have a cap such that only 85,000 visas are issued every year.

What are the H-1B government filing fees?

The government filing fees are as follow:

I-129, Petition for a Nonimmigrant worker fee: $460;

The employer has to pay this fee if filing an initial H-1B petition, extension of H-B petition, or even if you are amending an H-1B petition.

American Competitiveness and Workforce Improvement Act (ACWIA) fee:

    • $750 (if the H-1B employer has fewer than 25 full time workers), or
    • $1,500 (if the employer has 26 or more full-time worker)

You as an employer do not have to pay this fee if you are filing a second or subsequent extension of status petition. Additionally, if you are filing an amended petition and you are not requesting an extension of stay, you do not have to pay this fee.

 $500 Anti-fraud fee

You have to pay this fee if you are filing an initial H-1B petition or if you want to employ an H-1B employee that previously worked for another H-1B employer. You do not have to pay this fee if you are filing an H-1B extension petition.

$2,500 Optional Premium Processing Fee

Premium Processing means that USCIS will make a decision on your petition within 15 calendar days. USIS usually announces before or during each cap season whether they will offer premium Processing service for H-1B cap petitions, but if you are filing an amendment or extension of status petition, you are usually eligible to file the petition under the Premium Processing.

Please note that the Premium Processing fee is the only fee the H-1B employee could pay, all other fees have to be paid by the employer. Please see our blog post on whether an H-1B employee can pay for the filing fees when you click here.

Please see our blog post on whether you need a visa if you are working for a U.S. company from abroad when you click here.

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