H-1B filing fees increase by $1,500 in most cases

On December 8, 2004 President Bush signed a new law that will increase the filing fees for H-1B petitions by $1,500 in addition to the base filing fee of $185. This new fee applies to all petitions filed on or after December 9, 2004. The fee is reduced to $750 for employers with no more than 25 employees.

The same exemptions apply that were in effect under the previous $1,000 surcharge. These include a second extension (third petition) by the same employer; universities and affiliated institutions; primary and secondary schools; and the other categories that appear in Part B of Form I-129W.

This law also provides another fee on top of the $1,500 that went effect on March 8, 2005, bringing the total filing fee for an H-1B petition in many cases to $2,185, or $3,185 with premium processing. There are no exemptions for this $500 fee. It applies to first time and change of employer petitions.

The new law also reinstates the special attestations for H-1B dependent employers. The law also provides for an exemption from the H-1B cap for beneficiaries with a U.S. master's degree, limited to 20,000 workers per year. These provisions were scheduled to go into effect on March 8 as well. CIS actually began accepting such petitions on May 12, 2005. These petitions are additional petitions for FY 2005. Petitioners can request immediate start dates and do not have to wait until October 1.