The H-1B visa is a temporary employment authorization for foreign professionals to work in specific occupational specialties.
H-1B visas are available for either full-time or part-time employment. The job must meet the following criteria to qualify as a specialty occupation:
The prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA).
The employer must also file a Form I-129, Petition for a Nonimmigrant Worker to the USCIS.
Once the Form I-129 has been approved the prospective employee may apply for an H-1B Visa.
The base filing fee is $325.
American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee:
(see H-1B Data Collection and Filing Fee Exemption Supplement, Part B):
The ACWIA fee can only be paid by the company or a representative of the company, and not by the beneficiary. Certain types of petitions that were previously exempt from the ACWIA fee (e.g. Non-Profit Organization, High Education Institute, etc.) are still exempt from the new $1,500 and $750 fee.
Fraud Prevention and Detection Fee is $500 if:
Public Law 111-230:
Premium processing fee of $1,225, if the petitioner or beneficiary wishes to proceed under premium processing. $1,225 can be paid by the company or the beneficiary, and it should be made payable to Department of Homeland Security.
The time it takes to process applications depends on the service center. Right now, the California Service Center takes approximately 2-3 months to process an H-1B application. Premium processed (additional $1,225 filing fee) applications will be processed in 15 days.
For more information about H-1B visa, you may check U.S. Citizenship and Immigration Services’ web page: