How much does it cost to file an H-1B petition (and who pays)?

School Districts are generally responsible for the majority of the costs associated with filing an H-1B petition. These fees include the filing fees - paid to the government (USCIS) at the time the petition is filed - and attorney’s fees - paid to a knowledgeable immigration lawyer to assist with the preparation of the petition. For a new H-1B, these fees currently include:

• $460 – USCIS Filing Fee (must be paid by employer)

• $500 – USCIS Fraud Prevention and Detection Fee (must be paid by employer)

• $2,805 – USCIS Premium Processing fee (not required and can be paid by either the employer or employee)

• Attorney’s Fees (must be paid by employer)*

The foreign national employee is responsible for costs for their exclusive benefit. Examples of these costs include:

• Passport application or renewal

• Education credentials evaluation

• Visa application

  
  

Many foreign national employees bring their spouses and children to the United States with them. These dependents must obtain their own visas, typically the H-4. The H-1B employer is not obligated to pay the visa application costs for the H-1B employee’s family members. 

It is crucial for employers to comply with all fee requirements to avoid penalties and ensure a smooth petition process. My office regularly assists and advises school districts with these issues. We encourage you to reach out using the Book Consult or Contact Us form with questions.

*While employers typically cover the attorney’s fees for the H-1B petition, some foreign nationals may choose to hire their own legal counsel for personal consultations or to navigate specific immigration issues.