Petition, together with Department of Labor approval and
supporting documentation are filed with INS for a qualified worker to fill a
specialty occupation. A qualified worker will have the required degree
and/or experience necessary for the ‘specialty occupation’, which is an
occupation for which INS has determined minimum qualifications.
Determination of the petition by INS can take 3-4 months,
during which time the worker is not allowed to commence employment with the
sponsoring company. However, it is now possible to expedite the process by
payment of an additional premium processing fee to INS which
guarantees a response from INS within 15 working days (or refund of the
$1,000). If the petition is unsuccessful, INS does not refund the filing
fees.
Please note that the costs of a H1-B application are as
follows:
 |
INS Filing fee on an I-129 petition
$130.00 |
|
|
*INS
H1-B specific filing fee
$1,100.00 |
|
|
Fedex charges, approximately
$50.00 |
|
|
Degree evaluation $100.00 |
|
|
ATTORNEY PROFESSIONAL FEE
$2,500.00 |
|
|
Standard application - total payable $3,880.00
|
Premium Processing fee (optional)
+ $1,000.00 |
|
|
|
Expedited 15 day application – total payable
$4,880.00 |
*) If the employer
is paying all costs, INS filing fee is fully payable in the sum of $1,130 by
employer. Otherwise, the employer is required to pay $1,000 and beneficiary
(alien) pays $130.
Please note that for H1B transfer, Degree evaluation and
Premium Processing fees will not be incurred. For H1B transfers, employee
may commence employment with new sponsor immediately after filing of
transfer request, and does not have to wait for INS decision. Employment is,
however, subject to INS’ favorable decision and will be terminated if the
H1B transfer request is denied.
 IMMIGRATION QUESTIONNAIRE – ALIEN /
BENEFICIARY
H1B Petition
|
|
|
