Who pays H-1B petition filing fees and attorney’s fees?

There are three (3) sets of fees for an H-1B petition: (i) the standard $325.00 petition fee (and if the employee is abroad, additional fees at the US. Embassy or Consulate); (ii) additional fee of $1,500.00 (or $750.00 if the employer has less than 25 full-time employees); and (iii) fraud prevention and detection fee of $500.00. If an employer has 50 or more employees and more than 50% of the employees have H-1B or L-1 status, the employer must pay a fee of $4,000.00 in addition to other fees. There is also an option premium processing fee of $1,225.00 to have guaranteed 15 calendar day processing by the US Citizenship and Immigration Service.

The $1,500.00 additional fee needs to be paid by the employer and the employer cannot require an employee to reimburse it. If the attorney’s fees and other fees are paid by an employee, that amount cannot reduce employee’s wage below the required wage rate. For more information and for help with preparing H-1B petition, please call H-1B attorney in Phoenix at 480-425-2009 or email us TODAY!