What must the employer do to hire an H-1B worker?
After receiving the certified Labor Condition Application (LCA) from DOL, the employer then submits a petition (application), with supporting documentation to the USCIS. There are USCIS processing fees of $320 for the H 1B petition, and $300 per application for the H-4 dependents of the H-1B employee. Beginning March 8, 2005, all employers seeking an H-1B for initial employment, or a change of employer must also pay a $500 H-1B Fraud Prevention and Detection Fee. Employers that are not institutions of higher education or affiliated non-profit research institutions must also pay a $1500 fee for the training of U.S. workers ($750 for small employers). The employer may not pass the $1500 or the $500 fee on to the H-1B employee. Under the DOL regulation, the $320 fee, and any attorney’s fees for services related to the preparation and filing of the H-1B petition may not be passed on to the H-1B employee, if doing so would effectively lower the employee’s wage below the required wage.
Related Questions
- How does an employer in the Commonwealth of Northern Mariana Islands (CNMI) initiate the process to hire an H-1B, H-1B1 or E-3 nonimmigrant worker?
- Can an employer fire a new hire if the Employer Agent informed the employer that the worker was initially flagged as unauthorized?
- How does an employer initiate the process to hire an H-1B, H-1B1 or E-3 worker?
