For the employer: H-1B filing fees are $2,280 in total for most U.S. private employers with 25 or fewer employees; $3,300 for most U.S. private employers with over 25 employees.

(Optional) May be paid either by the employer or the employee: an additional $2,805 premium processing fee.

(H-1B lottery only) For the employer: $215 lottery registration fee.

The attorney’s fees are in addition to the above government fees.

The employer: must pay the employee at least the “prevailing wage” that applies to the occupation in the local job market.

The employee: must hold a bachelor’s degree or above in a field directly related to the occupation.

The occupation: must normally require bachelor’s degree or above.

Typically it takes the USCIS 1 to 3 months to adjudicate the H-1B petition. If either the employer or employee pays the premium processing fee, the USCIS shall adjudicate the H-1B petition within 3 weeks or fully refund the premium processing fee.

The USCIS may also issue request for evidence (RFE) which restarts the 3-week clock once it receives response to RFE.

1. The employer has to invest several thousand dollars in the H-1B lottery process and will lose the “investment” if not chosen.

- In fact, only initial H-1B petitions are subject to lottery. H-1B change of employer petitions (a/k/a H-1B “transfers") or H-1B extension with the same employer are NOT subject to lottery.

- For initial H-1B petition, the bulk of the “investment” applies only if the H-1B petition is selected in the lottery. The lottery itself only costs $215 registration fee.

2. Sponsoring H-1B employees binds the employer with H-1B employees during the term of H-1B.

- H-1B sponsorship does NOT change the typical “at-will” employment relationship. However, the employer does have certain obligations when it terminates the H-1B employee.