Applying for an H-1B visa entails a number of fees. The information presented here serves to clarify which fees apply to your specific situation, as well as which party (i.e. either the U.S. employer or alien worker) is responsible for paying them.

Before Filing

After completing the H-1B application process, but before submitting your petition to U.S. Citizenship and Immigration Services (USCIS), it’s imperative to get your fees in order. Otherwise, your H-1B application may be denied. Due to the annual cap and heavy demand, H-1Bs run out very quickly, and it would be extremely frustrating if your application was denied due to an easily avoidable mistake of remitting incorrect payment.

Because USCIS usually receives more applications than the number of visas it has available, the agency selects which applications to adjudicate by way of a computerized lottery. If your application is selected (or if your application is not subject to the yearly cap), it will proceed to the processing stage.

There are two types of H-1B processing procedures: regular processing and premium processing. With regular processing, depending on your case and location, it normally takes USCIS between three and four months to reach a decision. With premium processing, an extra $1,225 will ensure USCIS adjudicates your application within 15 days of receiving it.

Table of Fees

Generally, the H-1B petitioner is required to pay the following fees to USCIS. The fees below do not include attorney’s fees; if you choose to hire a Zhang & Associates attorney, note the rates our firm charges for professional services rendered on this page.)

Fee Name	Fee Amount	More Information
Base Filing Fee	$460	Either the petitioning employer or the alien beneficiary may pay the filing fee. The petitioning employer is not obligated to pay the filing fee, but may do so if it chooses. There are no exemptions for this fee.
Fraud Prevention and Detection Fee	$500	The sponsoring employer is required to pay this fee for each new H-1B beneficiary it petitions for. This fee is also required in applications to change a beneficiary’s employer. Payment for this fee must be remitted in a separate check or money order. There are no exemptions for this fee.
Employer Sponsorship Fee	$1,500 (for employers with more than 25 full-time employees) OR $750 (for employers with no more than 25 full-time employees)	This fee is mandated by the American Competitiveness and Workforce Improvement Act of 1998. Applicants can include this fee in the same check or money order as the base filing fee, but USCIS prefers a separate payment. *In some circumstances, the employer sponsorship fee may be exempted. See below.
Public Law 114-113 Fee	$4,000	Under Public Law 114-113, the petitioning employer is obligated to pay this fee if it has more than 50 employees and more than 50% of its employees are on H-1B or L-1 status. This fee is applicable whether you are seeking initial H-1B status or whether you are seeking authorization to change H-1B employers. Be sure to send this payment in a separate check or money order. **In some circumstances, this fee may be exempted. See below.
Premium Processing Fee	$1,225	Whichever party (either the petitioner or the beneficiary) requests premium processing service must pay the associated fee.

Source: USCIS

Note

*Employer Sponsorship Fee exemptions

The employer sponsorship fee may be exempted when the sponsoring employer is:

• An institution of higher education as defined in section 101(a) of the Higher Education Act of 1965;
• A nonprofit entity that is related to or affiliated with an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965;
• A nonprofit research organization or governmental research organization;
• A primary or secondary educational institution; or
• A nonprofit entity which engages in an established curriculum-related clinical training program for students.

The employer sponsorship fee may also be exempted when:

• A petitioner files its second or subsequent request for an extension of stay with the same employer for a foreign worker;
• A petitioner files an amended petition that does not contain any requests to extend the validity of the petition it seeks to amend; or
• A petition is filed solely to correct a USCIS error. However, for the ACWIA fee to be waived, such petition may not contain any requests to extend the validity of the petition it seeks to correct, unless the USCIS error involves the validity dates.

**Public Law 114-113 exemptions

This fee is not required for:

• H-1B extension requests filed by the same petitioner for the same employee;
• H-1B amended petitions, or petitions based on other employment-based visa categories (such as H-1B1, H-2A, H-2B, etc.); and
• H-1B1 petitions for Chile or Singapore Free Trade Agreement workers.

 

Case Studies

The following examples will help illustrate USCIS filing fee requirements:

Background

Timmy, an H-1B worker, seeks to change his employer and accordingly requires an H-1B transfer (because H-1B status is valid only for employment with the original sponsoring company or institution). The new petitioner is a Fortune 500 company with thousands of employees in the U.S.

What are the correct filing fees?

The new employer has to pay the following filing fees for the H-1B transfer petition: $460 (base filing fee), $500 (fraud detection), and $1,500 (employer sponsorship fee for companies with more than 25 employees). Thus, the total fee for this H-1B transfer is $2,460.

Background

Slim Jim is a current H-1B beneficiary who’s in the process of changing his employer. His new boss, Jerky Joe, is a small start-up company with 10 employees.

What are the correct filing fees?

As the petitioner, Jerky Joe has to pay the following filing fees for the H-1B transfer petition: $460 (base filing fee), $500 (fraud detection), $750 (employer sponsorship fee for companies with 25 or fewer employees). Thus, the total fee for this H-1B transfer is $1,710. 

Background

Mr. Rogers seeks employment as an H-1B worker at the University of Make-Believe.

What are the correct filing fees?

His H-1B petition requires the following filing fees: $460 (base filing fee) and $500 (fraud detection). However, because a university is an institution of higher education exempted under ACWIA, the employer sponsorship fee is waived. Thus, the total fee for Mr. Rogers’ H-1B visa petition is only $960.

We’re here to help

It can be hard to keep track of all the forms you have to submit and the fees you have to pay. The USCIS I-129 fee page will have the most up-to-date information about the various filing fees for the H-1 visa, but it would be even more convenient to have a dedicated legal expert on your side to guide you through the process.

 

Our experienced immigration attorneys are here to guide professionals through the complicated H-1B application process, and minimize any and all confusion or challenges. We understand how important an H-1B visa is to you, whether as the employer or the prospective employee. Our seasoned staff and years-long track record of success make Zhang & Associates the natural choice to facilitate your H-1B petitions.

Keep in mind that if you retain Zhang and Associates for your H-1B petition, you will have to pay attorney’s fees in addition to the filing fees you must pay to USCIS. You can find our attorney’s fees here.

For more detailed information on the H-1B category, including minimum requirements and USCIS policies, refer to the following links:

General H-1B Topics

H-1B Articles

H-1B Visa: Temporary Workers in "Specialty" Occupations H-1B Requirements H-1B Services We Provide Applying for an H-1B Visa H-1B Advantages H-1B Limitations H-1B Documentation List Extending H-1B Status Beyond Six Years H-1B1 Subcategory: Free Trade Agreement H-1B2 Subcategory: Department of Defense H-1B3 Subcategory: Fashion Models Guidance on H-1Bs for Nurses H-1B Premium Processing and Related Issues H-4 Visas: Spouses and Children of H-1B Workers Frequently Asked Questions about H-1B Visas Filing Fees Attorney's Fees

The Cap USCIS Guidance on H-1B Cap Exemptions After the Cap Off-site Employees "Recapturing" Unused Time H-1B-Dependent Employers "Benching" H-1B Workers The Portability Rule Maintaining H-1B Status during Corporate Changes H-1B vs. O-1 Issues Relating to F-1 and OPT Issues Relating to Work, Travel, and Adjusting Status Memo: H-1B Status during the I-485 Waiting Period Memo: Be Aware of Abandonment Frequently Asked Questions about I-140 and I-485 Filing

 

Updated 04/26/2017