H1B Filing Fee FAQS

1. Can the beneficiary (employee/candidate) pay the fees associated with the H-1B sponsorship?

The department must pay all required business expenses/filing fees associated with H-1B processing. The only fee that the employee may pay is the Premium Processing fee.

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 ($2,805). USCIS will issue 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 sponsoring department must pay for premium processing when it is required for employment or business needs. In other words, if a quick approval of an H-1B is required for the employee to begin work on the desired date, or to continue working for the department without disruption to the functions of the department, then the employer should pay. If premium processing is requested solely for personal reasons and not necessitated by any business need, the beneficiary is allowed to pay the $2,805 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. Many employees prefer to have their petition filed with premium processing, though. They may need an approval notice for international travel or driver’s license renewal. In those cases, the hiring department can decide if the fee will be paid by the department or the employee must pay.

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.