H1B Filing Fee FAQS
- Can the beneficiary (employee/candidate) pay the fees associated with the H-1B sponsorship?
No. The department must pay all business expenses/filing fees associated with H-1B processing.
2. What are the benefits of Premium Process Service?
Premium Processing Service provides faster processing for certain employment-based petitions and applications. Specifically, USCIS guarantees 15 business day processing to those petitioners or applicants who choose to
use this service or USCIS will refund the Premium Processing Service fee. If the fee is refunded, the relating case will continue to receive expedited processing. USCIS will issue and serve on the petitioner or applicant an approval notice, a denial notice, a notice of intent to deny, a
request for evidence or open an investigation for fraud or misrepresentation within the 15 business day period. If the petition or application requires the submission of additional evidence
or a response to a notice of intent to deny, a new 15 business day period will begin upon receipt by USCIS of a complete response to the request for evidence or notice of intent to deny.
3. If premium processing is utilized, who is responsible for payment?
The department may pay for premium processing if/when it is related to employment or business needs. In other words, if an extension benefits the department or any operation or function of the program, the employer may pay. If premium processing is requested solely for personal reasons and not necessitated by any need or function associated with employment, the beneficiary is allowed to pay the $2,500 premium processing fee.
4. Is premium processing required for H1B extensions? Not typically. If the extension is received by USCIS prior to the expiration date of the current H1B, the employee may continue the previously approved employment for 240 days while the petition is pending.
5. Does the department need to submit any additional documentation to Immigration Services in order to request premium processing?
No. If employer elects to use premium processing, the check, made payable to “Department of Homeland Security”, should be submitted along with the filing fees.