H1B Visa Fees - What is the Law?

S

shs00

Registered Users (C)
Whosoever is in the know, please comment on the following:

What is the rule regarding payment of H1B visa fees?

i.e.

Do all/some/none of the visa fees have to be, by law, paid by the employer (or can they also be paid by the prospective employee)?

Does this also apply to the permium processing fee?

Prompt feedback on this issue would be greatly appreciated.

Many thanks.
 
shs00 said:
Whosoever is in the know, please comment on the following:

What is the rule regarding payment of H1B visa fees?

i.e.

Do all/some/none of the visa fees have to be, by law, paid by the employer (or can they also be paid by the prospective employee)?

Does this also apply to the permium processing fee?

Prompt feedback on this issue would be greatly appreciated.

Many thanks.
Click to expand...
For H-1, If you are a company with 25 or less employees, the fees are as follows: $185 (filing fees for form I-129) made payable to the "USCIS" (corporate check only) AND $750 (filing fees for Form I-129W) made payable to the "USCIS" (corporate check only).These two checks can be combined into one single corporate check of $935 made payable to the "USCIS".

For H-1, If you are a company with 26 or more employees, the fees is as follows: $185 (filing fees for form I-129) made payable to the "USCIS" (corporate check only) AND $1,500 (filing fees for Form I-129W) made payable to the "USCIS" (corporate check only).These two checks can be combined into one single corporate check of $1,685 made payable to the "USCIS".

If petition is by way of premium processing, then there is an additional fee of $1,000 (premium processing fee). This can be paid by personal or corporate checks.This $1,000 should be payable to "United States Citizenship and Immigration Services" and not to "USCIS".

In addition to the above fees, there is also anti-fraud fee in the amount of $500. Check with an attorney if it is applicable to your case.
 
H1 Visa Fees - Follow Up

Thanks a lot Studious for the info.

Just a quick follow-up:

Is the $1500 (for 26 more employees) or $750 (for upto 25 employees) fee completely new or was this applicable previously (for e.g. a year or more ago)? Or, is this a fee increase?

If this fee is new, is it true then that previously the only fee that the employer HAD to pay was the $185? (I'm aware that the $500 fraud protection has been effective March 8, 2005 onwards).

Thanks again.
 
shs00 said:
Thanks a lot Studious for the info.

Just a quick follow-up:

Is the $1500 (for 26 more employees) or $750 (for upto 25 employees) fee completely new or was this applicable previously (for e.g. a year or more ago)? Or, is this a fee increase?

If this fee is new, is it true then that previously the only fee that the employer HAD to pay was the $185? (I'm aware that the $500 fraud protection has been effective March 8, 2005 onwards).

Thanks again.
Click to expand...
:rolleyes: $1,500 or $750 fee and $500 fraud protection fee are increases in the fee introduced by the new H1B reform act.
 
So....please confirm:

Previously (i.e. before the H1B Reform Act), the only fee that the employer HAD to pay was $185 (given the fact that the employee could pay the premium processing). Is that correct?

Also, when specifically did this Reform Act go into effect?

Thanks again.
 
shs00 said:
So....please confirm:

Previously (i.e. before the H1B Reform Act), the only fee that the employer HAD to pay was $185 (given the fact that the employee could pay the premium processing). Is that correct?

Yes.

Also, when specifically did this Reform Act go into effect?

March 8, 2005. It is applicable to all employers who want to petition for H1B visa from now on.

Thanks again.
Click to expand...
 
Last edited by a moderator:
Renewals & new fees?

The education fee ($1500/750) and fraud detection fee($500) are not applicable to 2nd time extensions with the same employers. Right?

But they are applicable to new and H1 transfers. Right?
 
GeeSea said:
The education fee ($1500/750) and fraud detection fee($500) are not applicable to 2nd time extensions with the same employers. Right?

But they are applicable to new and H1 transfers. Right?
Click to expand...
:rolleyes: The training fee ($1,500/750) applies to all initial petitions, change of status petitions, extension petitions and all other petitions.

The $500 Fraud Fee is in addition to other filing fees and must be included with all initial H-1B petitions (consular notification, change of status or change of employer) filed with USCIS. The $500 Fraud Fee does not apply to H-1B extension or amendment petitions.
 
No training fee for 2nd extensions

I think there is No training fee for 2nd extensions.

Please see the link below. Observe line item 1.
http://www.aldatech.com/president_signs_legislation-News-Dec9-04.htm


Studious said:
:rolleyes: The training fee ($1,500/750) applies to all initial petitions, change of status petitions, extension petitions and all other petitions.

The $500 Fraud Fee is in addition to other filing fees and must be included with all initial H-1B petitions (consular notification, change of status or change of employer) filed with USCIS. The $500 Fraud Fee does not apply to H-1B extension or amendment petitions.
Click to expand...
 
No training fee for 2nd extensions

The key is the fee is not applicable for 2nd extensions and ammendments which do not require extensions for the same employers. However, you are right for all other cases it is applicable.

Infact I am going for my 7th year extension pretty soon. That is why I am doing some research on thi.

Check the following excerpt from http://www.immigrationlaw.com/newsletters/2004vol42.html#president
The analysis of whether the petitioning company must pay the supplemental training fee differs from the analysis of whether the beneficiary employee is subject to the cap. Typically, the supplemental training fee is required for the initial H-1B that a company files for an employee and the first extension petition. (The second extension and amendments not requesting an extension are not subject to the fee.) We will work with our client companies to evaluate whether the H-1B petitioner is subject to the fee and whether the beneficiary is subject to the cap.

Also excerpt from http://www.sqilaw.com/news/legislation.html

Imposes a $1,500 H-1B "Education and Training Fee" for each H-1B petition filed for a new employer, change of employer, and first extension for an existing employer. The employer-funded training fee will also be reinstated. This fee, which was previously $1000 per new H1B petition, will increase to $1500 per H1B petition. This is in addition to the USCIS filing fees and the optional $1,000 premium-processing fee. Employers with fewer than 25 full time employees (including U.S. affiliates and subsidiaries) will pay a lower $750 fee. The Education and Training fee change will be immediately applicable upon enactment. Second and subsequent extensions filed by the same employer are exempt from the Education and Training fee.




Studious said:
I stick to what I've said in my previous post. Check this link, "New Fees." :rolleyes:

http://www.immigration-lawyer.com/visa/H1B/h1b_news.htm
Click to expand...
 
After doing some legwork, this is the information that I have been able to come up with:

The ACWIA fee (the $1500/$750) has become applicable Dec 2004. Before Oct 2003 this fee was $1000. In between this time period, no fees were applicable.

Many employers are exempt from this fee - including, but not limited to, institutions of higher education, not-for-profit organizations, hospitals affiliated with the same, etc.

The $500 fraud protection applies to all petitions.
 
GeeSea said:
The key is the fee is not applicable for 2nd extensions and ammendments which do not require extensions for the same employers. However, you are right for all other cases it is applicable.

Infact I am going for my 7th year extension pretty soon. That is why I am doing some research on thi.
Click to expand...
I did not know your case in specific. I thought you were talking about extending your H1B after 3 years. I did not emphasize the words "second extension" and "same employer," in which case I agree with you. Your case is exempt from ACWIA fee of $1,500/$750.

By the way, your GC must have been under processing. :rolleyes:
 
Last edited by a moderator:
Yes my GC is under processing.
Thanx.
Studious said:
I did not know your case in specific. I thought you were talking about extending your H1B after 3 years. I did not emphasize the words "second extension" and "same employer," in which case I agree with you. Your case is exempt from ACWIA fee of $1,500/$750.

By the way, your GC must have been under processing. :rolleyes:
Click to expand...
 
Filing fee for H-1 b transfer

I am working in a University with H-1b and will move to another University.
The HR person in the future University told me to pay $685 to transfer my H-1B, is this correct. After doing some research, I think I should only pay $185, and the employer should pay the fraud prevention fee. Am I correct? Thank you for your advice.
 
Q: Filing fee for H-1 b transfer

Hi,

I am filing my third extension (8th year H1B), and from the discussion it sounds like the $1500 fee as well as the $500 fee is not applicable. Am I correct in assuming this. Thanks for any info.

Rags
 
You must log in or register to reply here.
Top