H-1B Fees for Fiscal Year 2010

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Old May 11th 2009, 1:29 pm
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Default H-1B Fees for Fiscal Year 2010

Scholarship and Training Fee: $750 for H-1B employers with 25 or less full time employees; $1,500 for more than 25 full time employees. Some non-profit and other organizations do not have to pay this fee. Otherwise, the employer must pay this fee and can not seek reimbursement from the H-1B beneficiary under any circumstances. I disagree with the interpretation that the regulations allow for a non-employer third party to pay this fee. I believe this "roundabout" is a violation of the rules and may render both the employee and employer in violation of the law with probable negative ramifications for future immigrant applications. With a three to five-fold increase in USCIS enforcement efforts, every applicant and beneficiary should proceed under the assumption their case will be audited.

Fraud Detection Fee: $500. There are no exemptions from this fee but the employer may seek reimbursement from the beneficiary for this fee. However, if this is the case, the prevailing wage must be met taking into consideration a reduction based on this reimbursement.

Premium Processing Fee: $1,000. This is an optional fee to fast track your case. Sometimes this is preferable but not always. The employer may seek reimbursement from the beneficiary for this fee. However, if this is the case, the prevailing wage must be met taking into consideration a reduction based on this reimbursement.

I-129 Application Fee: $320. There are no exemptions from this fee but the employer may seek reimbursement from the beneficiary for this fee. However, if this is the case, the prevailing wage must be met taking into consideration a reduction based on this reimbursement.

Attorneys Fees and Costs: Attorneys fees can vary wildly (from $1,000 to $4,000) for H-1B processing. It is my opinion that, unless it is an extreme case (e.g., recapture of significant time, prior removal, criminal record), a fair fee for H-1Bs is $2,000 to $3,000. Costs include those listed above, with additional fees for dependants, and expenses such as copying and courier fees.

If your matter is a simple extension, $1,000 to $2,000 is customary.

Last edited by SusanPai; May 11th 2009 at 2:06 pm.
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