The H-1B visa is a non-immigrant work visa, allowing U.S. companies to employ foreign workers in specialised occupations. It continues to be the primary route for high-skilled professionals from India to work in the United States. The U.S. Citizenship and Immigration Services (USCIS) charges a set of fixed filing fees borne by the employer – not the applicant. Recently, there has been a confusion regarding the cost of obtaining a H-1B visa, with some suggesting that every applicant has to pay $100,000. But, in reality, no such mandatory fee exists. The USCIS sets specific filing fees, most of which are paid by the employing company, not the individual worker.
Who must pay
According to the USCIS and Department of Labour (DOL) regulations :
1. The U.S. employer is responsible for paying the required government filing fees associated with the H-1B petition.
2. The employer is not allowed to deduct these fees from the employee’s salary.
3. The employee is only responsible for personal costs such as consular visa fee, document courier charges and so on.
However, immigration experts believe that it will continue to burden employers and raise uncertainty around global recruitment strategies.
Who is exempt
There are certain organizations which are exempt from H-1B fees, particularly the ACWIA training fee and Public Law 114-113 fee. These exemptions apply to the following organizations :
1. Government Research Organization
2. Institutions of Higher Education
3. Non-profit Research Organization
When rare exemptions may apply?
Partial exemptions may apply under the following limited circumstances:
1. H-1B extensions for the same employee
2. Government funded research projects
3. Employee initiated transfers
4. Amended petitions
In nutshell, the individual visa applicant will not face a $100,000 burden under any U.S. immigrant rule, although the corporate cost of sponsoring foreign workers may vary.
