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Dec 27

USCIS H1B Filing Fee for CAP, Amendments & Extensions

The table below displays about H-1B Base Filing Fees, ACWIA Fees, Fraud fee and H-1B dependent fee.  For up to date information, please refer USCIS website http://www.uscis.gov/fees  and http://www.uscis.gov/forms/h-and-l-filing-fees-form-i-129-petition-nonimmigrant-worker.  Next to the table section, “USCIS Fee Exemption and/or Determination questions” displays the options to be checked by the petitioner based on extension or amendment. For more detailed information, please visit http://www.uscis.gov/sites/default/files/files/form/i-129.pdf. We have provided examples for H1B CAP filing fees, H-1B amendment fees,  Change of Employer  (H1B transfer) filing fees, H-1B first time extension fee, H-1B second time extension fees for employers having employees less than or equal to 25 employees and more than 25 employees also.

Fee Structure – Please refer USCIS website – Overview of H-1B fees below

 

Sl. No Fee Description Fee Amount
1 H-1B Base Filing Fees $325
2 ACWIA Fee (with 25 or fewer employees) $750
3 ACWIA Fee (with more than 25 employees) $1,500
4 Fraud Prevention and Detection Fee (seeking initial H-1B non-immigrant status for a foreign worker) $500
5 H-1B petitioners that employ 50 or more employees in the united states with more than 50 percent of their employees in the United States in H-1B, L-1A $2,000
6 Premium Processing Fee $1,225

 

Who has to pay H1B base filing fees?

All companies should pay base filing fees of $325.

Who has to pay H1B ACWIA fees?

ACWIA Fees may be No fees or $750 or $1500 depending on several scenarios. American Competitiveness and Workforce Improvement Act (ACWIA) fee is determined on the following eight questions. If you answered YES to any of the eight questions below (sl. No 1 thru 8), petitioner is not required to submit the ACWIA fee for H-1B petition.

If petitioner answered NO to all of the eight questions below (sl. No 1 thru 8), then petitioner has to answer the 9th question. If the total no of employees is lesser than or equal to 25, then petitioner has to pay $750. If the total no. of employees is greater than 25, then petitioner has to pay $1500.

USCIS Fee Exemption and/or Determination questions:

In order for USCIS to determine if you must pay the additional $1,500 or $750 American Competitiveness and Workforce Improvement Act (ACWIA) fee, answer all of the following questions:

1. Are you an institution of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a)? 

2. Are you a nonprofit organization or entity related to or affiliated with an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a)? 

3. Are you a nonprofit research organization or a governmental research organization, as defined in 8 CFR 214.2(h)(19)(iii)(C)?

 4. Is this the second or subsequent request for an extension of stay that this petitioner has filed for this alien?

 5. Is this an amended petition that does not contain any request for extensions of stay?

 6. Are you filing this petition to correct a USCIS error?

 7. Is the petitioner a primary or secondary education institution?

 8. Is the petitioner a nonprofit entity that engages in an established curriculum-related clinical training of students registered at such an institution?

 If you answered yes to any of the questions above, you are not required to submit the ACWIA fee for your H-1B Form I-129 petition. If you answered no to all questions, answer Item Number 9. below.

 9. Do you currently employ a total of 25 or fewer full-time equivalent employees in the United States, including all affiliates or subsidiaries of this company/organization?

Questions Nos 1, 2, 3, 6, 7 and 8 are related with employers exempted from paying this ACWIA to USCIS. They should have proper supporting documents for exemption.

Who has to pay ACWIA fee?

Question No: 4: If the petitioner is filing an H-1B petition for amendment ONLY and not for extension, then there is no need to pay ACWIA fee.

Question No: 5: If the petitioner (same employer) is filing first extension, then ACWIA fees have to be paid. From second extension with the same employer there is no need to pay ACWIA fee.

H-1B FILING FEES examples:

Who has to pay H-1B fraud prevention and detection fees?

A petitioner seeking initial approval (example: H-1B CAP) of H-1B non-immigrant status for a beneficiary,

Or

seeking approval to employ an H-1B non-immigrant currently working for another employer (H1B transfer or change of employer), must submit an additional $500 Fraud Prevention and Detection fee.

Examples:

Total No of employees in a company is greater than 25

 

  1. H1B Cap Filing & H1B Change of Employer (H1B transfer) Fees

=Base Filing Fees + ACWIA Fee + Fraud Fee

=325 + 1500 + 500

=2325

 

  1. H1B Amendment

=Base Filing Fees + ACWIA Fee + Fraud Fee

=325 + 0 + 0

=325

 

  1. H1B First Time Extension

=Base Filing Fees + ACWIA Fee + Fraud Fee

=325 + 1500 + 0

=1825

 

  1. H1B Second Time Extension (for 3rd extension, 4th extension …. Also with the same employer)

=Base Filing Fees + ACWIA Fee + Fraud Fee

=325 + 0 + 0

=325

Total No of employees in a company is lesser than or equal to 25

 

  1. H1B Cap Filing & H1B Change of Employer(H1B transfer) Fees

=Base Filing Fees + ACWIA Fee + Fraud Fee

=325 + 750 + 500

=1725

 

  1. H1B Amendment

=Base Filing Fees + ACWIA Fee + Fraud Fee

=325 + 0 + 0

=325

 

  1. H1B First Time Extension

=Base Filing Fees + ACWIA Fee + Fraud Fee

=325 + 750 + 0

=1125

 

  1. H1B Second Time Extension (for 3rd extension, 4th extension …. Also with the same employer)

=Base Filing Fees + ACWIA Fee + Fraud Fee

=325 + 0 + 0

=325

 

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