H-1B Legal and Filing Fees
When your department sponsors an employee for H-1B status, federal regulations require
the employer to pay certain costs. These required fees cannot be charged to or reimbursed by the employee.
Legal Fees
All H-1B petitions must be prepared and filed by the SUNY-approved immigration law firm.
- $1,785 — Initial H-1B petition
- $1,650 — H-1B extension
Your department is responsible for covering these legal fees.
USCIS Filing Fees
USCIS requires filing fees for all H-1B petitions. The immigration law firm will submit these fees to USCIS and invoice your department for payment. Invoices must be paid within 30 days.
- $460 — Standard H-1B filing fee
- $500 — Anti-fraud fee (required for new hires and H-1B transfers only; not required for extensions)
- $2,965 — Premium Processing (optional)
Premium Processing:
This is an optional service. USCIS will take action within 15 business days (either
a decision or a request for additional information). If USCIS does not meet this timeline,
the fee is refunded.
Premium Processing can be requested at the time of filing or added later if needed.
Dependent (Family Member) Costs
If the employee includes dependents (Form I-539):
- $475 — USCIS filing fee per application
- $440 — Legal fee per dependent
These costs may be paid by the department or the employee, depending on departmental
policy.
Additional Legal Costs
If USCIS issues a Request for Evidence (RFE) or additional legal work is required,
your department will be notified in advance of any additional fees.
$100,000 H-1B Fee (Effective September 21, 2025)
A federal proclamation introduced a $100,000 fee for certain H-1B petitions. This fee can significantly impact hiring decisions and should be reviewed early in the process.
When This Fee Applies
This fee applies if:
- The employee is outside the United States, and
- The H-1B petition is filed for consular or port-of-entry processing, and
- The petition is filed on or after September 21, 2025
When This Fee Does Not Apply
This fee does not apply to petitions filed for individuals already in the United States, including:
- Change of status (e.g., F-1 to H-1B)
- H-1B extensions
- H-1B transfers (change of employer)
Important Considerations for Departments
- If you are hiring a candidate from outside the U.S., this fee may apply.
- Do not assume exemption—case details matter.
- If a change or extension of status is denied but the petition is approved for consular processing, the $100,000 fee may still be triggered.
- If a change or extension is approved and the employee later travels abroad, no additional fee is required for visa stamping.
Contact VIS
For guidance on H-1B sponsorship or to begin the process, contact: