4. H-1B Filing Fees: The $1500.00 Scholarship Fund Filing Fee and $500.00 Fraud Prevention and Detection Fee

In December 2004, President Bush signed into law, regulations which impose two additional filing fees to H-1B petitions. These are in addition to the standard $195.00 H-1B petition filing fee.

The$1500.00 filing fee is to be utilized for scholarship programs to train individuals in positions which are now being taken by H-1B visa holders.

All employers are required to pay the $1500.00 filing fee, unless they qualify for one of the following exemptions:

1.         An employer that is a primary or a secondary institution of higher education as defined in 20 U.S.C. §1001 (a) of the Higher Education Act of 1965 and       8 CFR 214.2(h) (19) (iii).

2.         A non-profit entity related to or affiliated with any such institution.

3.         A non-profit entity which engages in established curriculum-related clinical training of students registered at any such institution.

4.         4.         A non-profit research organization or governmental research organization, as defined under 8 CFR 214.2(h) (19) (iii).

Additionally, the filing fee is not required if the petition is being submitted to amend or to correct a service error; to amend the petition, but not requesting additional time; or if this is a second or subsequent extension of stay filed by this employer for this employee.

The  $500.00 filing fee is to  be utilized by the USCIS to combat Immigration fraud. The payment is required on the following cases:

 1. Initial petitions for Non Immigrant Status

 2. Petitions for change of employers.

Please see the discussion in the memo entitled “Attorneys fees, Labor Condition Application and H-1B Process” as to whether a third party can pay this filing fee.

Last Updated: November 24, 2005