Immigration Attorney Jessica Meng

Petitioners are often confused by the complicated H-1B filing fees which are outlined below:

1. If the employer has one of the following situations, it needs to pay filing fee of $325.00, plus $500.00 Fraud Prevention and Detection fee for an initial H-1B petition:

1. 1. The employer is an institution of higher education, or a nonprofit organization or entity related to or affiliated with an institution of higher education;
   2. The employer is a nonprofit research organization or a governmental research organization;
   3. The second or subsequent H-1B extension petition that have filed for the same alien;
   4. An amended petition that does not contain any request for extensions of stay;
   5. The purpose of filing the petition is to correct a USCIS error;
   6. The employer is a primary or secondary education institution; or
   7. The employer is a nonprofit entity that engages in an established curriculum-related clinical training of students registered at such an institution.

1. If the employer does not fit any criteria listed above, it needs to submit filing fee of $325.00, plus $500.00 Fraud Prevention and Detection fee for an initial H-1B petition, plus $750.00 if the employer has a total of 25 or less full-time equivalent employees in the U.S. (including any affiliate or subsidiary of the employer) or $1,500.00 if the employer has a total of more than 25 full-time equivalent employees in the U.S.

1. Starting from August 14, 2010 to September 30, 2014, if the petitioner employs 50 or more individuals in the U.S., and more than 50% of those employees in H-1B or L nonimmigrant status, it must submit additional $2,000.00.

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1. The above rule applies to petitioners filing H-1B petition to employ an H-1B1 Free Trade Nonimmigrant from Chile or Singapore.