Who Is Responsible For The 2019-2020 H-1B Visa Fees

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There may be some confusion as to who is responsible for some of the visa fees. Hopefully, this section will clarify the issue.

A. Standard (Basic) Filing Fee: Employer is responsible

B. ACWIA (Training Fee): Employer is responsible

C. Fraud Prevention/Detection Fee: Employer is responsible

D. Public Law 114-113 Fee: Employer is responsible

E. Premium Processing Fee: Either you or the employer. If paid by you, the employer needs to prove that it was expedited strictly for personal reasons and not for the benefit of the petitioning employer.

F. Visa Fee: This fee is involved with attaining your H-1B visa at the U.S. consulate and is the beneficiary’s responsibility. For H1B Visa Process Visit UT Evaluators.

Does Premium Processing Help My Chances?

As previously stated, premium processing is a service provided by the USCIS that shortens the processing time for your I-129 petition to 15 calendar days for an H-1B visa fee of $1,410.

However, this cost has not been included in the mandatory H-1B visa fees for 2020 because it is optional and is usually not recommended for most new H-1B cases. This is due to the fact that opting for premium processing does not increase your chances of selection or approval. It also does not change your earliest employment start date: October 1, 2019.

However, if you are filing for an extension, renewal, or transfer, then you are not subject to the cap or the employment start date, which means that premium processing may be beneficial to your case. Speak with your immigration attorney to learn if premium processing is something you should pursue in your H-1B situation.

If you, the beneficiary, decide to pay the H-1B premium processing fee, you must have a detailed explanation for why this decision was made. This is to prevent employers from coercing prospective employees into paying the premium processing fee for the benefit of the employer.

How Should These Payments Be Made?

Your payment options for visa fees are relatively limited. According to the I-129 form, the applicable payments must be submitted with the petition in the form of money orders or checks. Each individual fee requires its own separate money order or check. F

iling the wrong fee, filing it to the wrong place, or filing it in the wrong way can all result in an automatic rejection of your petition and a loss of the fees. Make use of the services of an immigration attorney to make sure that everything is in order and to save you valuable time, money, and effort.

How Much is the H-1B Extension Fees or Transfer Fees?

The H-1B extension fees and H-1B transfer fees include the filing fee for another I-129 petition and the optional premium processing fee. The other fees (Public Law, ACWIA, and Anti-Fraud) are only applicable once per beneficiary per employer, meaning that, if you were to transfer your H-1B status to a different employer, that employer would be responsible for these “other fees”. To know more info on H1B Visa check Tweetcast

Therefore, an H-1B extension fee is only $460 for the I-129 filing. However, an H-1B transfer would incur the “other fees”, which could be anywhere from $1,710 to $6,460 depending on whether your employer is required to pay the higher ACWIA fee and the Public Law fee.

Author Since: Aug 04, 2018

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