H1B Visa 2017 Filing Fee - Who Pay For What ?

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! (http://redbus2us.com) H1B Visa News (http://redbus2us.com/category/h1b-visa-consulting/h1b-
visa-news/) Any Changes to H1B Visa 2017 Filing Fee ? Summary of all Fee
Any Changes to H1B Visa 2017 Filing Fee ? Summary

of all Fee
In H1B Visa News (http://redbus2us.com/category/h1b-visa-consulting/h1b-visa-news/) by
Kumar / March 30,
2016 / 29 Comments (http://redbus2us.com/h1b-visa-2017-filing-fee-summary/#comments)
Now that USCIS has released official news that H1B Visa 2017
petitions to be accepted from April 1st (http://redbus2us.com/news-
h1b-petitions-accepted-april-1st-premium-may-16/), many of you
might be wondering regarding the fee. Are there any changes to the
filing fee for this fiscal year ? How much does it actually cost an
employer for filing the H1B Visa for FY 2017
(http://redbus2us.com/h1b-visa-2017/) . Lets review all the fees and
their descriptions in this article.
Are there any changes to H1B Visa Filing Fee for FY 2017 ?
Yes, there are changes to the filing fee for this year. The H1B petition
filing fee increased by $4000 USD (http://redbus2us.com/news-h1b-
and-l1-fee-to-go-up-by-4000-and-4500-until-year-2025/) for certain
employers who fall under the below category.
All the companies that have 50 or more employees and 50% of their
employees are non-immigrant workers need to pay an additional
fee of $4000 USD. The fee increase is applicable for new petitions
and transfers, but not applicable to extension petitions with the
same employer. This fee is additional fee to the standard H1B fee
that is applicable.
What is the actual H1B Filing Fee for FY 2017 quota ? What is the
breakdown ?
H1B petition filing involves a set of fees that every employer has to pay.
Not all of this applies to every petition filed, it varies by the company
size and the other factors as explained below. Here is the breakdown of
the fee
Fee in
Fee type Details
USD
Base filing fee $325 For every petition
AICWA Fee $750 for employers with 1 to 25

(American $750 full time employees )
Competitiveness
and Workforce or $1500 for employers with 26 or
Improvement $1,500 more full time equivalent
Act of 1998) employee )
Only applies to New H1Bs and

Fraud prevent & Change of employers petitions
$500
detection fee only. Does not apply to Chile and
Singapore based H1B1 petitions
Applicable, if 50 or more
employees and more than 50% of
employees are on H1B or L1 Visa
status, required for new H1B filing
Fee based on
and change of employers.
Public Law 114- $4000
Read H1B fee increase $4000
113
rule (http://redbus2us.com/uscis-
guidance-for-h1b-l1-fee-increase-
4000-until-2025/)to check if it
applies to your case
For faster adjudication within 15

Premium calendar days. As per this years
processing fee $1,225 press release, USCIS will consider
(Optional) the 15 day clock from starting
from no later than May 16th.
This varies depending on the

attorney. This fee applies to
companies that work with third
party immigration attorneys for
Varies
Immigration filing the H1B Visa petitions. Some
from $500
Attorney Fee large organizations have in-house
to $3000
attorneys. If the employer does
not have any in-house attorney, it
would cost them anywhere from
$500 to $3000.
In summary, depending on the size of the company, the H1B filing fee
can vary anywhere from $1,600 USD to $7,400 USD + the Attorney
fee( if any).
H1B Fee paid by you or employer ? Who pays for What when filing
H1B visa petition ?
Many of you would wonder, who would pay for the H1B petition. For
the most part, it is an employers expense. You should NOT pay for it.
Below is a brief summary
Fee Who Pays for it ? Why should they pay

Cost
component for it ?
Employer or H1B Sponsor.

It is employers business expense as they
Base filing
fee $325 intend to hire a highly skilled individual
and bring them on-board
Employer/ H1B Sponsor.

$750 It is employers business expense. Law
AICWA Fee or requires that this fee is never passed to
$1,500 the employee being hired or any other
third party
Employer.
Fraud
It is employers business expense. Just
prevent &
$500 like above, it is mandated by law and
detection
employee being hired should NOT pay for
fee
it.
Fee based Employer.

on Public It is employers business expense. This is a
$4000
Law 114- law that was passed earlier in 2016 year
113 under Omnibus bill.
Attorney Employer. It is employers business

Varies
Fee expense.
Premium Optional fee. Either employer or You (

processing Employee being hired).
fee $1,225 If you bear it, the employer has to
(Optional) demonstrate to DOL that it was
expedited due to your personal reasons.
Visa Employees expense. All the costs

Stamping involved in obtaining visa, including cost
fee ( fee varies involved in translation of your
involved in by credentials, etc. It will NOT be an
getting H1B country employers expense. The employer will
visa at US only send you the documents required for
consulate ) visa stamping.
To avoid confusion and protect the employees best interests,
Department of labor(DOL) has a great tool that will help you verify. You
can check out the article H1B Online advisory tool by DOL
(http://redbus2us.com/new-h1b-online-advisor-tool-by-us-
department-of-labordol/)
Did you pay any fee ? What was your experience working with your
employer for H1B filing ?
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Comments ( 29 )
JANUARY 25, 2017 13:52:23 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-
SUMMARY/#COMMENT-1056204)
REPLY $ (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-SUMMARY/?
REPLYTOCOM=1056204#RESPOND)
sng
USCIS increase base fee for H1B from 320 to 460.
https://www.uscis.gov/i-129 expand filing fee.

Kumar
Hi My self Kumar,
I am planning to apply H1 B, can a y one please guide to how to proceed

further and wht are the charges to be bear by me.

Kumar
Kumar,
Legally, you should not be paying anything. Your employer
should bear all the expenses.
DECEMBER 28, 2016 10:54:23 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

Srinivas
My son is studying ms computers in usa. He is having f1 visa. He gone
usa in august. Can he do any part time job?

Ronald
No he cannot unless he is employed on campus. any work outside
campus during studies is illegal.
NOVEMBER 19, 2016 11:19:38 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

Fisuot
hi,
My employer wants me to share the h1b cost. They havent filed H1b
yet and they are planning to file for me and 2 other this year.
Can you please guide me on this?
Thank you
NOVEMBER 3, 2016 20:11:32 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

Sanjay karthik
Dear sir,
My name got picked in the lottery 2016 but unfortunately my profile

has gone to rfv and the consultancy guy who helped me applying visa is
saying we have spend another 3000 dollars to sort this out. Is that true?
why do we need to spend additional amount?? Can you please help me
getting the answers please? Thanks in advance.
OCTOBER 20, 2016 14:00:08 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-
Lucas Scocchia
I currently work in the USA under OPT. My status is up come MAY 31.
My company is very open to any imimgraiton status to keep me here in
the US. I am form Canada originally. Is the H1B a timing issue? Have i
missed the lottery for this year? and if so, when can i apply for the next
year and then be eligible to work?
OCTOBER 25, 2016 02:42:09 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-

FEE-SUMMARY/#COMMENT-1036988)
Saurabh
Lucas Scocchia,
As a Canadian citizen, you may use TN visa to work while your

employer applies for H-1, which you may or may not receive
due to lottery.
OCTOBER 15, 2016 22:57:57 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

Valour
I graduated in Engineering in 2015. Co-founded a startup and worked
for a year and a half for its growth. Now I want to move on and pursue a
job in USA or Canada. I gave interviews and got selected for overseas
posting. I have never gone outside India before. The mandatory
prerequisite told by employer is that I must hold a H1B Visa. (Cap
exempt, petition approval). What can I do in this case when I dont have
the visa?
OCTOBER 16, 2016 21:21:43 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-

Kumar
Valour,
Well, all you can do is wait until April of next year and apply for
H1B visa through your employer. You may have to go through
lottery as well. If you get picked in lottery and your petition is
approved, you can start to work from October of next year.
SEPTEMBER 1, 2016 14:23:38 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

ALKA Gujarathi
I am working for indian iT company. Petition approval is expected and
will come any time now.
Shall I quit my company and can apply for visa with other company in
future?
AUGUST 29, 2016 13:25:18 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

UrbanBay
I wanted to double check my understanding. So a new petitioner whos
never filed for H1B before would still need to pay the $4,000 fee even if
they dont have more than 50 employees and not 50% of employees are
H-1B, L-1A or L-1B nonimmigrants. (My prospective employer is a small
organization and Im pretty sure dont have any foreign worker.)

Saurabh
UrbanBay,
They are not subject to that fees if they dont have more than
50% of employees on H-1 and L-1.

ALKA Gujarathi
I am working in service based project of international bank. I got
selected in lottery.
I have good offer from same banking client but in India.
My company is not disclosing any details. They will update once they
got response from USCIS.
How much fine now I need to pay if I quit?

As per now, I just got confirmation of lottery. Considering August end, I
could have got more information about my H1B status.

Saurabh
ALKA Gujarathi,
What do you mean by fine to pay? The H-1 fees need to be

paid by the employer and not employee. So you are not on
hook to pay anything related to H-1 fees. If your employer
asks otherwise, then he is violating H-1B rules.

ALKA Gujarathi
Petition approval is expected and will come any time now.
Shall I quit my company and can apply for visa with other
company in future?
SEPTEMBER 7, 2016 04:16:04 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-

FILING-FEE-SUMMARY/#COMMENT-1021145)
Saurabh
ALKA Gujarathi,
What visa do you want to apply through another

employer? A cap-exempt petition would require current
petition to be approved first. If it is not approved and
withdrawn (b/c you left the company), then you have to
go through the cap again.
SEPTEMBER 7, 2016 05:03:53 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-

FILING-FEE-SUMMARY/#COMMENT-1021180)
ALKA Gujarathi
Saurabh,
Till what time I should wait for my petition approval.
Why it has not came yet?
SEPTEMBER 15, 2016 05:20:36 CST (HTTP://REDBUS2US.COM/H1B-VISA-

2017-FILING-FEE-SUMMARY/#COMMENT-1024593)
Saurabh
ALKA Gujarathi,
There is no set processing time and it could take few

more weeks or months.
JUNE 22, 2016 10:43:08 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

issral khan
Your Comment *
guyz.. in b.biotech(biotechnology) 3rd yearn i wanna go us.so
plzzz give me info that how i can get a vise of best cost.n how i can
apply for it

Kumar
You need to take GRE, TOEFL and apply first to schools, then
comes the visa part. I suggest you read some articles under
Study in USA section.
angel
Hi , can you please guide me if employer breaks the contract with the
employee due to any reason then in that case whether employee is
supposed to pay for H1B fees?because in my contract which i signed 1
year ago with some recruitment firm it was mentioned that I am
responsible for all the direct and indirect cost which my agency has
spent on me. now they are telling me to pay around 3000$ for H1B fees
which they filed this year in april..but it was not selected due to
cap.kindly help me

Saurabh
Angel,
Are you saying that your H-1 petition was filed, but not
selected in lottery and now the employer/agency is asking to
pay 3000 USD as part of H-1B filing fees?
That is illegal. By law they are required to pay for all H-1B fees
and not you. Tell them what H-1B law is.
APRIL 2, 2016 06:31:16 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

TruetoBe
What will happen if employer apply for H1B and the employee quits
before the lottery decision? If its not picked up, the employer will get
back fees. But if its picked up in lottery but if the employee is not
available in company, will the employer can still withdraw the petition
and get back the fees?
Also it would be great if there is any way on how to check whether the
employer has more than 50% on H1Bs or L1 (to know whether the
employer paid extra 4000$ fee ).

Saurabh
TruetoBe,
Once the petition is selected in the lottery, no fees is returned

in any scenario.
Your employer is the best person to know how many

employees are on H1/L1. And it should not matter to you, as
by law they are responsible for paying the fees and not you.

TruetoBe
Thanks a lot Saurabh. got the answer. The intention behind
my question was My employer made all of us to sign the
bond for $8k as visa expense/Attorney expense if we quit in
between. So thought to check whether its really that much
investment from employer end. Looks like if that $4K is
applicable , it make sense (but definitely they will not disclose
whether they paid 4k$ or not). As per your answer looks like
until the lottery result comes, neither my company fire me not
I can quit
Once again thanks for your timely help.
DECEMBER 21, 2015 09:12:34 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

kalyan
New fee will be applicable for H1B extension from April 2016?
DECEMBER 21, 2015 11:53:53 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-

Saurabh
kalyan,
New fees will be applicable soon after President signs into a
law and its passed down to USCIS. If it happens prior to April
2016 (most likely), then thats when it will happen.
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Any Changes to H1B Visa 2017 Filing Fee ? Summary

Base filing fee $325 For every petition

AICWA Fee $750 for employers with 1 to 25

Only applies to New H1Bs and

For faster adjudication within 15

This varies depending on the

Fee Who Pays for it ? Why should they pay

Employer or H1B Sponsor.

Employer/ H1B Sponsor.

Fee based Employer.

Attorney Employer. It is employers business

Premium Optional fee. Either employer or You (

Visa Employees expense. All the costs

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Enter your Email Address here and hit subscribe below !

JANUARY 10, 2017 14:26:05 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

I am planning to apply H1 B, can a y one please guide to how to proceed

JANUARY 10, 2017 17:56:07 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

DECEMBER 28, 2016 10:54:23 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

JANUARY 10, 2017 12:54:15 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

NOVEMBER 19, 2016 11:19:38 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

NOVEMBER 3, 2016 20:11:32 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

My name got picked in the lottery 2016 but unfortunately my profile

OCTOBER 25, 2016 02:42:09 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-

As a Canadian citizen, you may use TN visa to work while your

OCTOBER 15, 2016 22:57:57 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

OCTOBER 16, 2016 21:21:43 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-

SEPTEMBER 1, 2016 14:23:38 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

AUGUST 29, 2016 13:25:18 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

AUGUST 29, 2016 14:47:39 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

AUGUST 28, 2016 14:11:45 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

How much fine now I need to pay if I quit?

AUGUST 29, 2016 01:49:35 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

What do you mean by fine to pay? The H-1 fees need to be

AUGUST 31, 2016 23:16:42 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

SEPTEMBER 7, 2016 04:16:04 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-

What visa do you want to apply through another

SEPTEMBER 7, 2016 05:03:53 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-

SEPTEMBER 15, 2016 05:20:36 CST (HTTP://REDBUS2US.COM/H1B-VISA-

There is no set processing time and it could take few

JUNE 22, 2016 10:43:08 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

JUNE 23, 2016 09:45:41 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

JUNE 16, 2016 14:51:48 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

APRIL 2, 2016 06:31:16 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

APRIL 3, 2016 19:22:44 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

Once the petition is selected in the lottery, no fees is returned

Your employer is the best person to know how many

APRIL 4, 2016 02:55:50 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

Once again thanks for your timely help.

DECEMBER 21, 2015 09:12:34 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-FEE-

DECEMBER 21, 2015 11:53:53 CST (HTTP://REDBUS2US.COM/H1B-VISA-2017-FILING-

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2 friends like this

Reg on Request For Evidence Was Received

I have two Approved Petitions for same Employer for different

Is there any problem to travel on L1 as of now due to current VIsa

Any change in H1b Visa interview process after Trump's presidency?

Can i switch my company i have H1B Visa