We are immigration attorneys handing Work Visas under the H-1B Visa Program for highly qualified foreign nationals. This is an explanation of Where to File and How Much the Employer's Filing Fees are for an H-1B Work Visa.
Where to Mail Your H-1B Cap-Subject Petition
When filing an H-1B petition, it is important to send the petition and supporting documentation to the correct filing location. If you file your petition incorrectly, USCIS will reject the petition. Rejected petitions do not retain a filing date.
You must file your petition at the correct Service Center depending on the jurisdiction of the H-1B beneficiary’s work location as specified in the petition. USCIS has established specific mailing addresses for purposes of identification and processing of H-1B cap-subject cases.
To determine which jurisdiction you are in, the USCIS has establised the following Web site for Direct Filing Addresses for Form I-129, Petition for Nonimmigrant Worker.
Please read the filing instructions very carefully.
USCIS charges different fees depending on the H-1B petition being submitted. Pages 17 and 18 of the Form I-129 have detailed instructions on fees, and is called Fee Exemption and/or Determination.
The following fees may be required with a cap-subject petition:
Base filing fee:
American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee
(see H-1B Data Collection and Filing Fee Exemption Supplement, Part B):
- $750 for employers with 1 to 25 full-time equivalent employees, unless exempt
- $1,500 for employers with 26 or more full-time equivalent employees, unless exempt
Fraud Prevention and Detection fee:
- $500 to be submitted with the initial H-1B petition filed on behalf of each beneficiary by a petitioner (does not apply to Chile/Singapore H-1B1 petitions)
Public Law 111-230
- $2,000 to be submitted by a petitioner which employs 50 or more employees in the United States where more than 50 percent of its employees in the United States are in H-1B or L-1 nonimmigrant status.
Premium Processing fee:
- $1,225 for employers seeking Premium Processing Service. See below, but this increases the speed at which the petition is reviewed (in excessence, placing your petition on the top of the stack).
How to Pay the Immigration Fees
Make sure checks are made payable to the "Department of Homeland Security" or "U.S. Citizenship and Immigration Services", dated within the last 6-months, and that they include the proper amount and are signed.
Money orders must be properly endorsed.
Non-payable Checks or Other Financial Instruments
USCIS will reject all applications or petitions submitted with the incorrect filing fee. Rejected petitions and petitions in which the check or other financial instrument used to pay the filing fee is returned as non-payable will not retain a filing date. See 8 CFR 103.2(a)(7)(i).
While petitioners are generally provided the opportunity to correct a fee deficiency, pursuant to the regulations, the filing date is not established until and unless the fee deficiency has been corrected. H-1B cap-subject petitions with non-payable fees will be given a new filing date the day the fee deficiency has been corrected, as long as there are still Visas available (in other words, as long as the cap has not been filled). If the new filing date is after the cap has been met, the petition will be rejected.
Premium Processing Service
H-1B petitions are eligible for the Premium Processing Service. Petitioners may choose to file a Request for Premium Processing Service (Form I-907) to have their petition processed within 15 calendar days. To request premium processing, you have to submit:
- the Form I-907 and
- the filing fee of $1,225 (this fee is in addition to the required base filing and other applicable fees and cannot be waived).
You can file the Form I-907 and corresponding fee:
- at the same time as Form I-129 or
- at any time after you file Form I-129 while it is still pending.
If filed after the Form I-129, the receipt number for the Form I-120 (e.g., EAC 11 123 51234) has to be included in the correct section of Form I-907.
We are immigration attorneys handing Work Visas under the H-1B Visa Program for highly qualified foreign nationals. If you would like more information, you can submit your case for review with an immigration attorney, or call our office at 314.645.7900.