H-1B filing fees that must be paid by the employer petitioner
Posted by Jeff Xie on March 19, 2005 at 12:02:25
1. Filing Fee. The employer must pay I-129 filing fee of $190 before July 30, 2007. The filing fee is $320 after July 30, 2007.
2. ACWIA Fee. The Omnibus Appropriations Act of FY 2005 was signed into law on December 8, 2004, which reinstated and raised the American Competitiveness and Workforce Improvement Act (ACWIA) fee for H1-B petitions to $1,500. Petitioners who employ a total of no more than 25 full-time equivalent employees in the United States, including any affiliate or subsidiary, may submit a reduced ACWIA fee of $750. Certain types of petitions, that were previously exempt from the old ACWIA fee, are still exempt. The USCIS requires that a completed I-129W be submitted with all H-1B I-129 petitions and this exemption is granted based on the information contained in the I-129W. 3. Fraud Prevention and Detection Fee. The H1-B Visa reform Act also establishes a new Fraud Prevention and Detection Fee of $500 which must be paid by petitioners seeking a beneficiary's initial grant of H1-B or L nonimmigrant classification or those petitioners seeking to change a beneficiary's employer within these classifications. There are no exemptions from the $500 Fraud Prevention and Detection Fee This Fraud Prevention and Detection Fee is effective March 8, 2005. Each of these fees is in addition to the base processing fee of $190 to file a Petition for a Nonimmigrant worker (I-129). However the employer may pay the attorney's fee, postage and the $1000 premium processing fee, but the employer is NOT required to pay these fees. Please note: the filing package will be returned if the fees are not paid or not paid properly!
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