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Generally, the H-1B petitioner is required to pay the following filing fees for an H-1B petition:
- $320 for the base filing fee;
- $500 for the fraud prevention and detection fee;
- $750 for an additional fee if the petitioner employs a total of no more than 25 full-time equivalent employees in the U.S. ($1500 for an additional fee if the petitioner employs more than 25 employees)
If premium processing is chosen, there is an additional $1,000 premium processing fee.
In some circumstances, the above-mentioned fee #3 of $750 or $1,500 can be exempted, when:
- The employer is an institution of higher education; or
- The employer is a nonprofit organization or entity related to, or affiliated with an institution of higher education; or
- The employer is a nonprofit research organization or governmental research organization that is primarily engaged in basic research and/or applied research; or
- The employer is a primary or secondary education institute; or
- The employer is a nonprofit entity which engages in an established curriculum-related clinical training or has students register at the institution; or
- The petition is the second or subsequent request for an extension of stay filed by the same employer.
There are no exemptions for the above-mentioned first two fees of $320 and $500.
Example 1:
Mrs. Zaslavsky is changing her employment and she needs an H-1B transfer. (H-1B status is only valid for employment with the original sponsoring company/institution.) The new company is a Fortune 500 company, with thousands of employees in the US. The new employer has to pay the following filing fees for the H-1B transfer petition: $320, $500 & $1,500. The total filing fees for this H-1B transfer is $2,320.
Example 2:
Mr. Lim is also changing his employment and he needs an H-1B transfer. His new boss, Mr. Smith, owns a small start-up company with less than 10 employees. Mr. Smith, as the petitioner, has to pay the following filing fees for the H-1B transfer petition: $320, $500 & $750. The total filing fees for this H-1B transfer is $1,570.
Example 3:
Mr. Zhao is employed by a university in Wisconsin. The H-1B petition for him requires the following filing fees: $320 and $500. The totally fee is only $820 because the University is an institution of higher education, so the $1,500 additional fee is exempted.
For more information on H-1B, please refer to the following links:
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