The H1B visa program is a highly sought-after route for foreign workers to temporarily work in the United States in specialty occupations. One of the crucial steps in the H1B visa application process is understanding and paying the required filing fees. As of the latest updates, the total cost for filing an H1B petition can vary based on the type of petition and the size of the employer. Here, we delve into the specifics of the 5 primary H1B filing fees that petitioners need to be aware of.
Key Points
- The base filing fee for an H1B petition is $460.
- A $750 or $1,500 anti-fraud fee applies, depending on the employer's size.
- A $4,000 or $4,500 ACWIA fee applies, depending on whether the employer is dependent on H1B workers.
- Optional premium processing is available for an additional $2,500.
- There are additional fees for amended petitions or for changing employers.
Understanding the H1B Filing Fees
The process of filing for an H1B visa involves several steps, each associated with specific costs. Employers must carefully plan and budget for these fees to successfully sponsor foreign workers. The primary fees include the base filing fee, the anti-fraud fee, the ACWIA (American Competitiveness and Workforce Improvement Act) fee, and the premium processing fee, among others.
Base Filing Fee
The base filing fee for an H1B petition is set at $460. This is the foundational cost that every petitioner must pay, regardless of the specifics of their application. This fee is non-refundable and is used by U.S. Citizenship and Immigration Services (USCIS) to process the petition.
Anti-Fraud Fee
In addition to the base filing fee, employers must also pay an anti-fraud fee. This fee is 750 for employers with 25 or fewer full-time equivalent employees and 1,500 for employers with more than 25 full-time equivalent employees. The purpose of this fee is to help combat fraud in the H1B program by supporting investigations and enforcement activities.
ACWIA Fee
The ACWIA fee is another critical component of the H1B filing costs. This fee is 4,000 for most employers but can be 4,500 for employers that are considered dependent on H1B workers. The ACWIA fee is used to fund scholarships for U.S. students pursuing degrees in science, technology, engineering, and mathematics (STEM) fields, as well as to support worker training programs.
Premium Processing Fee
For an additional $2,500, employers can opt for premium processing of their H1B petitions. This service guarantees that USCIS will adjudicate the petition within 15 calendar days. While this is an optional fee, it can be beneficial for employers and petitioners who need a quicker resolution on their application status.
| Fee Type | Cost | Description |
|---|---|---|
| Base Filing Fee | $460 | Non-refundable fee for petition processing |
| Anti-Fraud Fee | $750 or $1,500 | Fee to combat fraud, varies by employer size |
| ACWIA Fee | $4,000 or $4,500 | Fee to support STEM scholarships and worker training |
| Premium Processing Fee | $2,500 | Optional fee for expedited petition processing |
Planning and Budgeting for H1B Fees
Budgeting for H1B filing fees is a critical step in the visa application process. Employers should carefully consider all the associated costs, including potential additional fees for amended petitions or when changing employers. This proactive approach helps avoid unexpected expenses and ensures compliance with USCIS regulations.
Additional Considerations
Beyond the primary fees, employers may encounter additional costs during the H1B application process. These can include fees for preparing and filing the petition, attorney fees for legal counsel, and potential costs associated with premium processing. It’s essential to factor these costs into the overall budget to ensure a comprehensive understanding of the financial commitments involved.
In conclusion, the H1B filing fees are a significant aspect of the visa application process. By understanding the base filing fee, anti-fraud fee, ACWIA fee, premium processing fee, and other associated costs, employers can better navigate the complexities of sponsoring foreign workers. This knowledge not only aids in budget planning but also in ensuring compliance with all relevant regulations, ultimately contributing to a successful H1B petition.
What are the primary fees associated with filing an H1B petition?
+The primary fees include the base filing fee, the anti-fraud fee, the ACWIA fee, and the premium processing fee. The base filing fee is 460, the anti-fraud fee ranges from 750 to 1,500, the ACWIA fee is 4,000 or 4,500, and the premium processing fee is 2,500.
How do I determine if my company is considered dependent on H1B workers for ACWIA fee purposes?
+A company is considered H1B dependent if it has 51% or more of its workforce in H1B status. This determination is critical for calculating the correct ACWIA fee amount.
Can I get a refund of the H1B filing fees if my petition is denied?
+Generally, the base filing fee and other associated fees are non-refundable, regardless of the outcome of the petition. However, it’s essential to review the specific refund policies related to each type of fee.
