A company that sponsors an employee on H-1B visa must pay USCIS fees and attorney fees for the H-1B visa petition filed with the USCIS. In hiring the H-1B employee, the company also must pay the H-1B employee a wage rate required under the law.
USCIS Fees:
USCIS fees vary depending on the number and type of the company’s employees, type of the filing (i.e., initial H-1B petition, extension of H-1B status), and choice on premium processing.
In general, USCIS fees for an initial H-1B petition range from $1,710 to $8,970, and consist of the following:
1. Electronic Registration Fee: $10
The electronic registration fee applies to a cap-subject H-1B petition. In 2020, USCIS implemented an electronic registration process for the H-1B cap. A company seeking to file H-1B cap-subject petitions, including for the H-1B employee eligible for the advanced degree exemption, must first electronically register and pay $10 H-1B registration fee for each H-1B employee.
USCIS will open an initial registration period for a minimum of 14 calendar days each fiscal year. USCIS will then run the H-1B selection process on properly submitted electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions.
2. Form I-129 (Petition for a Nonimmigrant Worker) Filing Fee: $460
The Form I-129 filing fee applies to the following type of filing:
- Initial H-1B petition
- Change of status to H-1B
- Change of H-1B employer
- Petition requesting an H-1B extension
- Amendment of H-1B petition
This filing fee is non-refundable regardless of the outcome of your petition. The fee is also non-refundable even if you withdraw the petition.
3. ACWIA (American Competitiveness and Workforce Improvement Act) Fee: $1,500/$750
The ACWIA fee varies depending on the number of employees that sponsoring company has:
- $1,500 for a company with more than 25 full-time equivalent employees
- $750 for a company with 25 or fewer full-time equivalent employees
When determining whether a company must pay this fee, the company must count its full-time equivalent employees in the U.S., including those at any U.S. affiliates or subsidiaries.
The ACWIA fee applies to the following type of filing:
- Initial H-1B petition
- Change of status to H-1B
- Change of H-1B employer
- First petition requesting an H-1B extension
- The ACWIA fee is not required for the following type of filing:
- Amendment of H-1B petition
- Second (or later) petition requesting an H-1B extension
Additionally, the ACWIA fee is not required if the organizations that sponsor an H-1B employee are:
- An institution of higher education;
- A nonprofit entity that is related to or affiliated with an institution of higher education;
- A nonprofit 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.
4. Anti-Fraud Fee: $500
The anti-fraud fee applies to the following type of filing:
- Initial H-1B petition
- Change of status to H-1B
- Change of H-1B employer
The anti-fraud fee is not required for the following type of filing:
- Petition requesting an H-1B extension
- Amendment of H-1B petition
5. Public Law 114-113 fee: $4,000 (if applicable)
The Public Law 114-113 fee applies to a company that employs 50 or more employees in the U.S. and more than 50% of those employees are in H-1B or L-1 nonimmigrant status.
When determining whether a company must pay the Public Law fee, the company must count all its full-time and part-time employees. Employees of related entities will not count.
In addition, when calculating the percentage of the employees in H-1B or L-1 status, the company must calculate based on the number of employees it has in the U.S., regardless of whether they are paid through a U.S. or foreign payroll.
The fee under Public Law 114-113 is required when the anti-fraud fee is also required.
As such, the Public Law fee applies to the following type of filing:
- Initial H-1B petition
- Change of status to H-1B
- Change of H-1B employer
The Public Law fee is not required for the following type of filing:
- Petition requesting an H-1B extension
- Amendment of H-1B petition
This Public Law fee applies to petitions filed on or after Dec. 18, 2015. The fee is in effect until Sept. 30, 2027.
6. Premium Processing Fee: $2,500 (optional)
Premium processing provides expedited processing for Form I-129 petition for H-1B. USCIS guarantees processing within 15 calendar days to those who use this service. Otherwise, USCIS will refund the premium processing service fee and will continue with expedited processing.
Unlike other fees, USCIS states that the sponsoring company or the H-1B employee can pay the premium processing fee. In general, if the premium processing is filed for the benefit of the sponsoring company, the company will pay the premium processing fee. Premium processing is currently available for all H-1B petitions.
Attorney fees:
A sponsoring company also must pay attorney fees for the H-1B petition. The fees can vary depending on the geographical area or type of attorney fees (i.e., billable, or flat fee). In general, it would cost a few thousand dollars.
H-1B employee’s wage requirements:
Lastly, a company that sponsors an H-1B employee must pay the H-1B employee at least a wage which is higher of:
- the actual wage paid to similarly qualified workers, or
- the prevailing wage for the position in the geographic area in which the H-1B employee will be working.
Actual Wage
The actual wage is the wage rate paid by the sponsoring company to all individuals with experience and qualifications similar to the H-1B employee’s experience and qualifications for the specific employment at the employment place. If there are no similarly employed workers, the actual wage is the wage paid to the H-1B employee.
Prevailing Wage
The prevailing wage is the wage rate set for the occupational classification in the geographical area of employment by:
- A union contract which contains a wage rate applicable to the occupation; or
- For an occupation not covered by a union contract, the weighted average of wages paid to similarly employed workers (i.e., workers having substantially comparable jobs in the occupational classification) in the geographic area of employment.
A common prevailing wage source is the State Workforce Agency operating in each state.
Other Wage Requirement
If a sponsoring company pays an H-1B employee a wage rate less than required under the law, after an opportunity for a hearing, the Department of Labor has the authority to order the employer to pay the required wage rate.
Additionally, the sponsoring company must pay the guaranteed minimum hours that it reported in Form I-129, even if no work is provided to the H-1B employee. However, if the H-1B employee is unavailable for work because of non-work related factors such as voluntary time off, the company does not have to pay the guaranteed minimum hours.
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