H1B Fees for Visa Application and Filing are normally ALL paid by the H1B Employer / H1B Sponsor Company
The H1B Fees for filing and processing an H1B visa with the USCIS must be paid by the H1B Sponsoring Company (see below for H1B fees clarification)
1) H1B Filing Fees and Visa Processing Costs that are payable to the US Governments Immigration Bureau (USCIS) for them to process and approve the H1B visa petition, must be paid by the US Sponsoring Company (it is a mandatory obligation / requirement of being an H1B sponsor company).
2) Any 3rd party costs such as services provided by an Immigration attorney / law firm to help to prepare and file the H1B Visa application with the USCIS, do not neccessarily have to be paid by the US sponsoring company (although most sponsor companies do also pay these H1B filing related fees on behalf of the Foreign national they want to employ and sponsor on an H1B visa)
Click Here for New H1B Fees Increase for H1B Visa 2011 Filing
* H1B Fee Increase effective for all new H1B visas filed from November 23rd, 2010
Listed below is a breakdown of the different H1B Fees For Visa Filing in 2010
Standard H1B Fee for Filing:
The standard H1B filing fee is $325 for the 1-129 petition. This fee is also payable for renewals, transfers, and amendments. Almost everyone has to pay this. There can also be additional fees at the consulate when applying from abroad.
ACWIA (Training) H1B Fee:
The employer must pay a fee of $1,500 towards a training fee meant to fund the training of U.S. workers. But if the employer has less than 25 full-time employees, they must pay only one-half of the required fee which is $750 [see Section §214(c)(9) of the Immigration & Nationality Act].
The training fee is paid one time to initially grant the H1B petition and to extend H-1B status. But if this is the second or subsequent extension with the same employer, then the training fee is not required.
The following are exempt from the H1B training fee: primary or secondary educational institutions, institutions of higher education, nonprofit organizations related to or affiliated with any institutions of higher education, a nonprofit organization that engages in established curriculum-related clinical training of students registered at any institutions of higher education, nonprofit research organizations or a governmental research organizations [see Section 214(c)(9)(A) of the Immigration & Nationality Act and 8 C.F.R. §2l4.2(h)(19)(iii)-(iv).
H1B Fraud Fee:
A $500 fraud prevention and detection fee is required for the initial H1B visa petition or to switch employers (to a new H1B sponsor company). The H1B fraud fee is not required for extensions with the same employer [see Section 214(c)(12) of the Immigration & Nationality Act].
Optional H1B Fees to Speed up the Process:
H1B Premium Processing expedites the H1B visa processing time (with the USCIS) and approval decisions can be made within 15 business days. To expedite the H1B processing time the USCIS charges an Additional $1,225. If applicable, your family's H4 applications will be processed along with the primary H1B petition. Family members can apply as dependents of the primary H1B applicant using Form I-539.
H1B Immigration Attorney Fees for Preparing and Filing H1B Visa Petitions:
It is recommended to use an immigration attorney to help prepare and file the application documents and forms. Attorney fees vary depending on the attorney you choose to use, but as a guideline you can expect to pay anywhere in the region of $1,000 - $2,000
Important H1B Visa Filing Fee Law Update:
On August 14th, 2010 a new Bill was passed affecting the filing fees for certain types of companies.
A fee increase was imposed for any Company that has over 50 employees AND where over 50% or more of those employees are currently working on visas. For all other companies there is No change and No increase
It's important to note that the USCIS does change the H1B Visa Filing Fees and Costs on a regular basis