Form H-1B, Application for Temporary Specialty Workers, is a nonimmigrant visa for people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
Below, we outline the documents you’ll need and the qualifications you need to fulfill, as well as some common questions and answers.
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Yes, a variety of fees may be required, depending on the filing.
Before the H-1B petition can be filed, your immigration attorney will determine the appropriate USCIS filing fee. The H-1B fees vary depending on petition type and company size.
For H-1B new (cap or cap-exempt) and transfer cases, the base fee of $460, an anti-fraud fee of $500, and the American Competitiveness and Workforce Improvement Act (ACWIA) fee of $750 if the company has 25 or less employees, $1,500 if they have 26 or more employees, must be paid. There is an additional $4,000 public law fee for any employer with 50 or more employees, if 50% or more of the employees are on H-1B.
A breakdown of the fees is provided below:
| H-1B New (Cap or Cap Exempt) & H-1B Transfer Cases | |
| 25 or Less Employees | $1,710 ($500 + $460 + $750) |
| 26 or More Employees | $2,460 ($500 + $460 + $1,500) |
| 50 or More Employees, with 50% On H-1B | $6,460 ($500 + $460 + $1,500 + $4,000) |
| H-1B Extension Cases or H-1B Amendments + Extension (if first extension) | |
| 25 or Less Employees | $1,210 ($460 + $750) |
| 26 or More Employees | $1,960 ($460 + $1,500) |
| H-1B Amendment & H-1B Second/Subsequent Extensions | |
| All Cases (Regardless of Employee Number) | $460 |
The initial registration process is available online. This first step requires minimal information. Each submission will be notified if the filing is Selected, Not Selected, Denied, or Invalidated – Failed Payment.
The online registration process includes the following benefits:
You can create an account to file online. You can also mail your form to your region’s designated USCIS office.
If Selected, filing documents are submitted through a hard copy, paper, sent to a designated processing center noted in the USCIS registration portal.
You may be represented, at no expense to the U.S. government, by an attorney or other duly authorized representative. Your representative must submit Form G-28, Notice of Entry or Appearance as Attorney or Representative. Your representative may also submit Form G-28 at the time of your interview.
Immigration issues can be quite complicated. Combine that with the current rate of change in U.S. policies, it can be hard to keep up. Our team puts their experience to work for you and your particular situation. We work hard to stay on top of policy changes and are prepared for changes down the line. We offer patented online software, MyEsq, that streamlines the filing process and makes our knowledgeable team of lawyers just a click away.
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