The sponsoring company/employer is required to pay the
H-1B fees. As per the changes
in 2016, if an employer with 50 or more
employees, and more than half of those employees are H-1B, L-1A or
L-1B visas, H1B fees went up as of December 18, 2015, and will be paying a $4,000
‘special’ fee for new H-1Bs and transfers.
As an H-1B worker, you are required to have a sponsoring employer.
The transfer allows the worker to have a new employer-sponsor.
The new employer files an I-129 petition with U.S. Customs and Immigration Services (USCIS)
requesting that the H1B employee be transferred to the new company.
Breakdown of the fees:
- Standard/Base Filing Fee (also applicable to transfers, amendments and renewals):
$325 (this is the I-129 petition).
- ACWIA (American Competitiveness and Workforce Improvement Act) / Training Fee:
Employers up to 25 full-time employees: $750; Employers with 26+ employees: $1,500
(some exemptions apply – e.g., educational and nonprofit entities).
- Fraud Prevention & Detection Fee (new & transfers): $500
(not applicable to extensions with same employer).
- ‘Special Fee’ Up to 50 Employees: If more than half are H-1B or L1
visa holders, there’s an additional fee of $2,000.
- Premium (Expedited) Processing: If you complete an I-907(Request for Premium Processing Service) plus
submit a fee of $1,225 for expedited processing, the Department of
Homeland Security (DHS) guarantees a 15-day turnaround.
- Attorneys’ Fees can range anywhere between roughly $1,000 to $10,000.
Employers are legally obligated to pay for all fees except the optional
premium fee for expedited processing – unless it is for the employer’s
benefit, in which case the company must pay the fee.
The information is provided for general informational and educational purposes only and is not a substitute for
professional advice. Before making any decision, consult with the appropriate professionals. Please refer our
Disclaimer for details.