11/25/2004: Filing Fee (H-1B) Increase and Exemptions Under Omnibus Appropriation Bill (Soon to Become a Law)
As soon as the controvertial Omnibus Appropriation bill is signed by the President, the payment for H-1B petition filing will be raised substantially. The payment will include three (3) components: (1) Filing fee of $185; (2) American Training Charge of $1,500 ($750 for smaller employers); (3) Fraud Prevention Charge of $500. We will look at each component below:
Regular Filing Fee ($185): This fee will be paid by all employers and in any type of petition including initial, extension, amendment, transfer of H-1B.
American Training Charge ($1,500 or $750): Unless it is listed below, the employers must pay this charge and the alien beneficiary cannot pay it:
2nd Extension with the same employer (1st extension and initial change of status to H-1B from other nonimmigrant status or new H-1B petitions for aliens abroad are required to pay the full charge. The H-1B aliens filing another H-1B petition for H-1B transfer to another employer are also subject to the full charge)
Exempt Entities: Following employers are exempt from the charge.
Primary or Secondary Education Institution
Higher Education Institution
Nonprofit Entity Related to or Affiliated with Any Such Institutions
Nonprofit Entity which engages in Established Curriculum-Related Clinical Training of Students Registered at any such Institutions
Nonprofit Research Entity
Governmental Research Organization.
Fraud Prevention Fee ($500): Following employers are required to pay such fee:
Initial (new) H-1B petition
H-1B Transfer from Another Employer (Change of Employer).
Accordingly, the employers do not pay this fee for any extension, including the 1st extension, or amendment of the petition by the same employer. The H-1B cap exempt or American Training Charge exempt employers are not treated different and required to pay this fee unless it is an extension or amendment.
