Any Changes to H1B Visa 2015 Filing Fee ?

Now that USCIS has released official news that H1B Visa 2015 petitions to be accepted from April 1^st, many of you might be wondering regarding the fee. Are there any changes to the filing fee for this fiscal year ? How much does it actually cost an employer for filing the H1B Visa fee for FY 2015. Lets review all the fees and their descriptions in this article.

Were there any changes to H1B Visa Filing Fee for FY 2015 ?

No, there are no changes to the filing fee for this year. The fee remains same. There were some speculations that the H1B filing fee would almost double, if the immigration reform for H1B quota would pass. But, no such changes at least for this fiscal year.

What is the actual H1B Filing Fee for FY 2015 quota ? What is the breakdown ?

H1B petition filing involves a set of fees that every employer has to pay. Not all of this applies to every petition filed, it varies by the company size and the other factors as explained below. Here is the breakdown of the fee...

Fee type	Fee in US Dollars
Base filing fee	$325
AICWA Fee (American Competitiveness and Workforce Improvement Act of 1998)	$750  ( For employers with 1 to 25 full time employees ) $1,500 ( For employers with 26 or    more full time equivalent employee )
Fraud prevent & detection fee	$500  ( only applies to New H1Bs and Change of employers petitions only. Does not apply to Chile and Singapore based H1B1 petitions )
Fee based on Public Law 111 – 230	$2000 ( if more than 50 employees and more than 50% of employees are on H1B or L1 Visa status, required for new H1B filing and change of employers ) Read H1B fee $2000 rule to check if it applies to your case
Premium processing fee (Optional)	$1,225 ( for faster adjudication within 15 calendar days) As per this year’s press release, USCIS will consider the 15 day clock from April 28th for decision.
Immigration Attorney	This varies depending on the attorney. Below is additional info.

Immigration Attorney fee for H1B Petition filing  ?

This fee applies to companies that work with third party immigration attorneys for filing the H1B Visa petitions. Some large organizations have in-house attorneys. If the employer does not have any in-house attorney, it would cost them anywhere from $500 to $2500. Again, this is very relative and varies by attorney.

H1B Fee paid by you or employer ? Who pays for What when filing H1B visa petition ?

Many of you would wonder, who would pay for the H1B petition. For the most part, it is an employer’s expense. You should NOT pay for it. Below is a brief summary

Fee  component	Cost	Who Pays for it ? Why should they pay for it ?
Base filing fee	$325	Employer or H1B Sponsor. It is employer’s business expense as they intend to hire a highly skilled individual and bring them on-board
AICWA Fee	$750 or $1,500	Employer/ H1B Sponsor. It is employer’s business expense. Law requires that this fee is never passed to the employee being hired or any other  third party
Fraud prevent & detection fee	$500	Employer. It is employer’s business expense. Just like above, it is mandated by law and employee being hired should NOT pay for it.
Fee based on Public Law 111 – 230	$2000	Employer. It is employer’s business expense. This is a law that was passed around recession time.
Premium processing fee (Optional)	$1,225	Optional fee. Either employer or You ( Employee being hired). If you bear it, the employer has to demonstrate to DOL that it was expedited due to your personal reasons.
Visa fee ( fee involved in getting H1B visa at US consualte )	varies by country	Employee’s expense. All the costs involved in obtaining visa, including cost involved in translation of your credentials, etc. It will NOT be an employer’s expense. The employer will only send you the documents required for visa stamping.