The H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations. However, the application process involves several steps, each with its associated costs. Here, we provide an in-depth exploration of these costs, focusing predominantly on what employers need to pay but also touching upon the expenses prospective employees might face. We’ll break down the cost elements into a detailed table for easy reference and deeper understanding.
Introduction to H-1B Visa Costs
Navigating the H-1B visa application requires a thorough understanding of the associated fees. These costs can be substantial and are primarily the responsibility of the employer. The process is not just about paying the fees but also knowing what each fee entails and under what circumstances it is applicable. This guide aims to demystify the cost structure for both employers and potential H-1B visa holders.
Detailed Cost Breakdown
The financial obligations tied to the H-1B visa application can be grouped under several headings. Below is a comprehensive breakdown, with costs up-to-date as of the last update:
| Fee Type | Cost | Responsible Party | Notes |
|---|---|---|---|
| Electronic Registration Fee | $10 | Employer | Mandatory for every petition filed during the H-1B lottery registration period. |
| Basic Filing Fee (Form I-129) | $460 | Employer | Required for each petition, addressing the basic cost of processing the H-1B visa. |
| Fraud Prevention and Detection Fee | $500 | Employer | A one-time fee for new H-1B applications to fund fraud prevention activities. |
| ACWIA Education and Training Fee | $750 (for companies with < 25 employees) $1,500 (for companies with 25+ employees) | Employer | A fee to support the training of U.S. workers, applicable to most H-1B petitions. |
| Public Law 114-113 Fee | $4,000 | Employer | Applicable to companies with 50 or more employees, where 50% or more are on H-1B or L-1 visas. |
| Optional Premium Processing Fee | $2,500 | Employer or Employee | An optional fee for expedited processing of the H-1B petition. |
Additional Considerations for Employers:
- Attorney Fees: Ranging widely, these fees cover legal assistance throughout the visa application process. While not mandatory, utilizing an immigration attorney is common practice and can cost anywhere from $1,000 to $3,000+.
- Employee Relocation Costs: Some employers might also choose to cover relocation expenses for their H-1B employees, which can vary significantly based on the situation.
Detailed Breakdown of cost from h-1B to Green card process for employers Hiring a h-1B Employer
Below is a detailed breakdown of the primary costs associated with the H-1B visa application process.
| Type of Cost | Price of Fee or Service |
|---|---|
| Application Fee | $780 |
| H-1B Registration Fee | $215 |
| Asylum Fee | $600 ($1,200 for extension) |
| Attorney Fees | $1,500 to $4,000 |
| Attorney Fees if a Request for Evidence | $2,000 to $4,500 |
| Scholarship and Training Fee | $1,500 ($750 for smaller employers) |
| Anti-Fraud Fee | $500 (initial petition only) |
| Premium Processing | $2,850 (optional) |
| “50/50” Fee | $4,000 (for specific employers) |
| Visa Application | $190 ($0 to $800 based on reciprocity) |
| Sponsorship for Permanent Residence | $10,000 to $15,000 or more |
| Total (Initial Petition) | $4,535 to $17,885 |
| Total (Initial and Extension) | $7,165 to $33,365 |
| Total (With Green Card Sponsorship) | Up to $50,000 |
Detailed Cost Breakdown
- Application Fee ($780): This mandatory fee is paid when filing the initial H-1B petition.
- H-1B Registration Fee ($215): Employers pay this fee when submitting their candidate into the H-1B lottery, applicable from April 1, 2024.
- Asylum Fee ($600): An additional charge with an unclear connection to employment-based immigration, doubling for extensions.
- Legal Fees ($1,500 – $4,500): Attorney costs vary based on the complexity of the case and the need for additional evidence.
- Scholarship and Training Fee ($1,500/$750): This fee supports U.S. students and workers, adjusted for smaller employers.
- Anti-Fraud Fee ($500): Applicable only to the initial petition to fund government investigations.
- Premium Processing ($2,850): While optional, this fee expedites the review process, often deemed necessary by employers.
- “50/50” Fee ($4,000): Specific to employers with over half of their U.S. workforce on H-1B or L-1 visas.
- Visa Application ($190): A charge based on reciprocity, potentially ranging up to $800.
- Permanent Residence Sponsorship ($10,000+): The cost to sponsor an employee for a green card, significantly varying based on the case.
Financial Impact on Employers
The process can be costly, with expenses for a first-time H-1B visa holder averaging around $9,400, including average legal fees and premium processing. An extension increases this cost to approximately $18,000 due to additional legal fees and potential changes in the employee’s work location.
Moreover, over the past two decades, employers have contributed over $8 billion towards scholarships, training, and anti-fraud measures through these fees, highlighting the substantial investment companies make in the H-1B process.
Employee Responsibilities
While most fees are employer responsibilities, employees might incur some expenses during the visa process:
- Visa Issuance Fee: This varies by country and is paid directly to the U.S. embassy or consulate.
- Travel and Accommodation: For interviews or any necessary travel during the visa application process.
H-1B Visa Extension:
When extending an H-1B Visa, the Basic Filing Fee and Optional Premium Processing Fee recur, while the Public Law and Anti-Fraud fees are not required. The ACWIA fee is applicable for the first extension but not subsequent ones.
Wrapping Up
Both employers and potential H-1B visa applicants must grasp the financial implications of the visa process. For employers, these fees represent a significant investment in talent, reflecting the value that international specialists bring to their operations. For employees, understanding these costs can help in negotiations and preparing for the visa process.
This guide has laid out the primary fees involved in the H-1B visa application process, offering a comprehensive look at the financial side of acquiring international talent. By staying informed about these costs, companies and applicants can better navigate the complexities of the H-1B visa system.
