H-1B Processing and Filing Fees
The H-1B process involves multiple fees. In general, most H-1B-related costs are considered by federal regulation to be the business expense of the employer and significant fines can result from failure to adhere to these regulations. For this reason, IUPUI hiring departments cannot allow their employees to assume the cost of most filing fees. Exceptions are noted in the discussion below.
Following is an explanation of the various H-1B-related fees and how they are typically handled.
Fees Charged by the Office of International Affairs
USD $728 processing fee
This fee covers OIA costs for processing and filing the H-1B petition. Requests to process an H-1B petition must include a departmental account number for FIS billing. The charge will be applied at the time the request is received and is 50% refundable if the prospective employee withdraws his/her acceptance of the employment offer prior to submission of the petition to the USCIS. Once the petition is submitted to the USCIS, the fee is non-refundable. Please be aware that Contracts & Grants has advised that this fee cannot be charged to grant accounts. Please note that this fee will be assessed every time OIA prepares a new H-1B petition.
It is assumed that H-1B employees will not be asked to reimburse for H-1B related fees charged directly to a campus unit.
Fees Charged by U.S. Citizenship and Immigration Services (USCIS)
USCIS base filing fees
USCIS filing fees are USD $460 for all H-1B petitions and USD $370 for dependents already in the US who need to obtain or extend H-4 status. You must pay the USD $460 filing fee, but you may require the employee to assume the USD $370 fee for his/her dependents. There is never an obligation for the employer to pay dependent-related immigration fees.
USD $500 USCIS "anti-fraud" fee
USCIS requires all new H-1B petitions for H-1B status to include the USD $500 anti-fraud fee in addition to the base USD $460 filing fee. This fee applies to all petitions for changes of visa status (e.g. from F-1 or J-1 to H-1B), petitions for a new employee from overseas, and petitions for new employees already in H-1B status with another U.S. employer. The fee is not required for H-1B extensions for current H-1B employees.
USD $1440 Premium Processing Fee (Optional)
For an additional USD $1440 fee, USCIS offers premium processing within 15 working days, and will refund the fee if it does not review the petition within this timeframe. If you elect to use the premium processing option to obtain more timely employment authorization, you will be responsible for payment of the fee. If the employee elects to use premium processing in order to facilitate personal travel outside the U.S. or for other personal reasons not connected with the dates of employment authorization, the employee may pay the fee. In ambiguous cases where it may not be immediately obvious whether payment of the fee should be considered a business expense, OIA will review the reasons for the request and make a final determination on whether the employee can be allowed to pay the fee.
An H-1B petition can normally be prepared for submission to the USCIS within 2-3 months, assuming that required supporting documentation is provided without delay and no salary complications arise. Processing time at the USCIS may take 3-4 months, and in some cases longer. Persons already in valid H-1B status may be employed at IUPUI as soon as the petition is receipted by the USCIS. All others without currently valid authorization for the proposed employment at IUPUI must delay employment until the H-1B petition is approved.