how is the lawyer fee for h1b visa

by Prof. Austyn Hauck 4 min read

Attorney's fees: $2,495
USCIS Fees: $460 for the USCIS I-129 Petition. $1,500 for the h1b visa USCIS “Education and Training Fee” (if employer has 25 or more full time employees). $750 for employers with fewer than 25 full time employees (including U.S. affiliates and subsidiaries).

Full Answer

How much does it cost to file H1B?

The filing fees for an H-1B are $460 or $500 and then either $750 or $1,500, depending on the size of the company. If the employer works with an attorney, they would generally have to pay another $3,500 for an H-1B.

How much does it cost an employer to sponsor H1B?

To file an H1B petition using the I-129 form, the cost to the employer is $460. It is the employer’s responsibility to pay the filing fee. ACWIA stands for American Competitiveness and Workforce Improvement Act of 1998. The ACWIA fee varies depending on the size of the sponsoring company.

Do I need an immigration attorney for a H1B?

Since U.S. immigration law is controlled by federal law, a lawyer can represent a client in connection with an H1B visa application anywhere in the U.S. as long as the lawyer is admitted to and in good standing of a state bar. H1B visa law and immigration law in general is highly complicated.

What is H1B Premium Processing Fee?

Premium Processing for the H1B Visa is a service provided by the Department of Homeland Security (USCIS) that offers 15 day processing time. The process involves submitting a completed and signed USCIS form I-907 and paying $1,410 payment to Department of Homeland Security. Department of Homeland Security guarantees a 15 calendar day processing time or they will refund the $1,410 Premium Processing Service fee.

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How much does a lawyer charge for H1B?

Attorney FeesCase TypeUSCIS FeesInitial Attorney FeeH1B (new)$460 + $1,500* + $500 (if applicable)Contact UsComplex H1B$460 + $1,500* + $500 (if applicable)Contact UsH1B (transfer, extension, amendment)$460 + $1,500* + $500 (if applicable)$1,400H-4 dependent (with H1B)$370$400

Do I need a lawyer to apply for H1B visa?

Even the sponsor does not technically have to hire an attorney and may file the visa without one. However, due to the complexity of the process and administrative changes, as a sponsor, it is advisable to hire an attorney, especially for first-time sponsors unfamiliar with the process.

Can employee pay for H1B attorney fee?

The only time the employee may pay for these costs is if the attorney represents the employee and not the employer. However, in the vast majority of situations the attorney will be representing both the employer and employee during this step, as the PERM will be filed by the attorney on behalf of the employer.

How much does a US immigration lawyer cost?

An immigration lawyer charges between $150 and $300 per hour, with a typical 30-min consultation fee of $75 to $150. Legal assistance when filing basic immigration forms costs $250 to $800, while green card assistance runs from $800 to $5,000, plus the USCIS fees of $460 to $700.

How much does H1B visa cost?

H1B visa costs for employersH1B feeAmount (US $)Who pays?Registration Fee$10EmployerBasic visa filing fee (I-129 form)$460EmployerPublic Law 114-113 Fee$4000EmployerPremium Processing (optional)$2,500Employer or employee3 more rows•Feb 18, 2022

Is it worth getting an immigration lawyer?

Hiring an immigration lawyer adds additional legal fees to your case, but often it comes with numerous benefits. Hiring an immigration lawyer can save you time and stress and increase your chances of success.

Can I pay for my own H-1B?

However, the only H-1B filing fees that the U.S. employer is required by law to pay, for which they may not seek nor accept reimbursement, is the ACWIA fee for training U.S. workers (normally $1,500).

Is H-1B visa fees refundable?

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.

What is the cost of H-1B visa in India?

H1B Visa Fees - Pay H1B Visa Fees in IndiaVisa TypeFee (USD)Fee (INR)H1B Visa and H4 Visa$460₹ 29, 670

Can immigration lawyer speed up process?

The immigration process can be intimidating and take a long time, but hiring an immigration attorney to support you with your case can speed up the process and help you meet your goals.

How much does an immigration advisor cost?

Prices for an adviser can range from $150 for a consultation, to an excess of $5,000 for a full visa service. For an immigration lawyer, prices also vary, usually in accordance with the service required.

How much is h4 EAD lawyer?

We will know exact processing times once USCIS starts receiving & processing these applications. Attorney fee : $ 450 (not including the filing fee specified above).

How Much Does it Cost to Apply for H-1B Visa?

An H-1B visa application can cost from $1,720 to $6,470 or more depending on attorney fees, optional fees, and employer criteria. However, only lottery selected petitions will pay more than the $10 registration fee. With that said, it’s still necessary for all parties to be completely aware of the H-1B filing fees charged.

What About the LCA?

The Labor Condition Application (LCA), required for all H-1B visas, does not have a requisite fee attached to it, similar to the PERM Labor Certification. Your employer must simply make the four attestations required by the Department of Labor.

How To Get a USCIS Refund

Usually, the USCIS keeps the filing fees even if your petition is denied. However, there is an H-1B processing fee refund for all petitions not selected in the annual lottery. Other circumstances for a fee refund include:

Who Pays H-1B Fees?

Employers must pay for all H-1B fees. The only exceptions, where the beneficiary can pay for fees, are for premium processing fees and visa fees for those going through consular processing. Premium processing is an optional fee.

Does Premium Processing Help My Chances?

As previously stated, premium processing is a service provided by the USCIS that shortens the processing time for your I-129 petition to 15 calendar days for an H-1B fee of $2,500.

How To Pay H-1B Filing Fee

Your payment options for visa fees are relatively limited. According to the I-129 form, the applicable payments must be submitted with the petition in the form of money orders or checks. Each fee requires its own separate money order or check.

H1B Transfer Cost and H1B Extension Fees

The H-1B extension fees and H-1B transfer cost include the filing fee for another I-129 petition and the optional premium processing fee. The Public Law and Anti-Fraud fees are only applicable once per beneficiary per employer.

How much does an H1B visa cost?

Under the current norms, employers spend approximately $5,000 as H1B visa fee. This may be set to change with a proposal by the US administration to hike these fees. Currently, the filing fees are around $3,000 while an immigration lawyer charges between $2,000-3,000.

How do I get an H1B visa?

To get an H1B visa, an applicant’s name must be drawn out in a lottery. Recent changes made by the USCIS have given the immigration authorities greater leeway in denying applications. According to one report, one out of every four applications for new H1B visas was denied in the past year.

What is filing fee?

Filing fees are fees that are set by the USCIS to cover the cost of its immigration services. Attorney's fees are the fees charged by the firm for professional services rendered.

Can a law firm charge a higher fee?

An individual client may be charged at a higher fee, depending on the totality of the circumstances for the client. Law Firm and Attorneys have the discretion to charge a higher fee or a lower fee for your case. Please ask our attorney for a specific contract. For information on payment methods, please click here.

How much does it cost to file an H1B?

In summary, depending on the size of the company, the H1B filing fee can vary anywhere from $1,710 USD to $7,910 USD + the Attorney fee ( if any).

What is an H1B visa?

H1B Visa is one of the most sought visas for high skilled workers to work in America. Depending on the size and status of the company, the H1B filing fee could vary a lot. Also, it is important to understand who pays for what fee during H1B visa process.

When will the H1B fee increase?

Check USCIS Fee increase H1B Fee – Oct 2020. March 2020 : There were two fee changes for FY 2021 season . H1B Registration Fee : One of the biggest changes for FY 2021 season is introduction of the new registration system for lottery, before filing the actual petition with USCIS.

When is the H1B lottery fee effective?

Applicable only to new cap subject petitions. The fee is effective from Dec 8, 2019. It applies to FY 2021 quota.

Do employers pay for visa stamping?

Many employers pay for the visa stamping fee. But it depends on employer. As per law, all the costs involved in obtaining a visa at consulate, including cost involved in translation of your credentials, etc. are H1B applicant’s expenses. It will NOT be an employer’s expense.

What is an H1B visa?

H1B Visa is meant for such individuals who will be employed in a "Specialty Occupation" in the US. Most technological professionals use H1B Visa to live and work in the US. However, H1B Visa can also be used by various other professionals.

Is there an annual H1B cap?

There is an annual numerical limit of H1B approvals (called the "H1B Cap"). Therefore, it is essential that H1B Visa Petitions be filed timely (i.e. before the H1B cap is exhausted);

How to contact H1B filing fees?

If you have any questions about this, about the H1B fees, either the filing fees or the legal fees, or how that part of things work, feel free to give us a call, 314-961-8200, or you can email me, jim@hackinglawpractice.com. Thanks a lot.

Can an employer ask an employee to pay a fee?

An employer cannot ask an employee to pay those fees. You can’t be too cute or creative trying to get around that requirement. It’s something that the Department of Labor and USCIS take very seriously. They have been known to conduct audits to make sure that it was, in fact, the employer who paid those fees.

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