The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers in specialty occupations. Sponsoring an H-1B visa can be a complex and expensive process for employers. In addition to the filing fees and attorney fees, there are also other costs associated with H-1B sponsorship, such as relocation costs, training costs, and the maintenance of public access files.
H1B sponsorship is a crucial tactic used by companies to hire foreign-born experts temporarily. The business must file the H1B visa petition to the US Immigration Department. If the candidate is accepted, the company is then required to provide the employee with all of the same advantages as normal employees, such as health benefits, life insurance, stock options, incentives, etc.
Employers in the United States who want to hire foreign nationals for specialty occupations may need to sponsor them for an H-1B visa. However, there are costs associated with sponsoring an H-1B visa that employers need to be aware of. Let us take a detailed look at the different types of costs involved in H-1B sponsorship.
In this article, we will explore the costs associated with sponsoring an H-1B visa, including a breakdown of the various fees and other expenses that employers can expect to incur during the process.
What is an H1B visa?
The H-1B visa is a non-immigrant visa that allows employers in the United States to hire foreign nationals for specialty occupations.
These specialty occupations typically require a bachelor’s degree or higher in a specific field, and the foreign national must possess the necessary qualifications to perform the job. The H-1B visa is valid for up to three years, with the option to extend for an additional three years.
How much does H1B Sponsorship Cost?
You will have to pay roughly $5000 (including government costs) for an H-1B visa or H-1B transfer. While filing expenses are roughly $3000, H1B attorney fees should cost between $2000 and $3000.
An employer must have sufficient cash on hand to cover the H1B employee’s salary for a suitable amount of time. Each case is examined separately. Therefore, these are usually adequately provided you have enough money in the bank to pay the employees’ salaries and run the firm. Here is the breakdown of costs.
Check the USCIS website for more information.
The filing fees for an H-1B visa application depend on various factors such as the size of the employer and the type of visa being applied for. As of 2021, the filing fees for an H-1B visa are as follows:
- Base filing fee: $460
- ACWIA fee (for employers with 1-25 full-time employees): $750
- ACWIA fee (for employers with 26 or more full-time employees): $1,500
- Fraud prevention and detection fee: $500
- Public Law 114-113 fee: $4,000 (applicable only to employers with 50 or more employees, with more than 50% of them on H-1B or L-1 status)
Most employers hire an immigration attorney to assist them with the H-1B visa application process. The attorney fees for H-1B visa applications vary depending on the complexity of the case and the attorney’s hourly rate. On average, attorney fees for H-1B visa applications range from $2,000 to $5,000.
Recruitment and Advertising Costs:
Employers sponsoring H-1B visa applicants are required to demonstrate that they have made a good-faith effort to hire U.S. workers before hiring foreign nationals. This typically involves advertising the job opportunity on various platforms, such as job boards, industry-specific publications, and newspapers. The cost of recruitment and advertising can vary depending on the size of the employer and the job market. On average, the cost of recruitment and advertising for an H-1B visa applicant ranges from $1,500 to $3,000.
Premium Processing Fees:
The USCIS offers premium processing as an optional service that ensures the processing of an H-1B petition within 15 calendar days. The fee for premium processing is $2,500 as of 2021. Employers may choose to pay this fee to expedite the processing of their H-1B visa application.
Other Costs for H1B Sponsorship
If a company decides to sponsor an H-1B employee who is not already residing in the United States, there may be additional costs associated with relocation. These costs can include expenses related to finding housing, transportation, and other related expenses. The employer may choose to pay for these costs, negotiate a relocation package with the employee, or require the employee to pay for these expenses themselves.
When an H-1B employee is hired, the employer may need to provide additional training to ensure that the employee has the necessary skills to perform their job duties. This training can include language classes, cultural training, and other job-specific training. These costs can add up and should be factored into the overall cost of H-1B sponsorship.
Maintenance of Public Access Files:
Employers who sponsor H-1B employees are required to maintain public access files that include information about the H-1B program, the employer’s compliance with the program, and the H-1B employee’s work history. The employer is responsible for creating and maintaining these files, which can require additional administrative time and resources.
Important Considerations for H1B Visa Sponsorship
When looking for an H1B Visa sponsorship, a person should take several factors into mind. These factors consist of the following:
- With an H1B visa, a person can typically work in the United States for six years; but, in some cases, an extension may be given.
- More than three years will pass before a petition is approved.
- A visa extension may be given if the H1B visa holder’s employment is to be continued.
- A person may stay in the United States for ten years if they work for the Defence Department.
- No one who is self-employed may apply for an H1B visa.
- Contract workers are eligible to apply for an H1B visa.
- You can still leave the country as a current H1B visa holder without encountering any immigration problems even while your green card application is still waiting.
- Holders of H1B visas typically have to keep a residence in their country of origin.
- Specialty H1B workers are not required to keep a foreign address.
- Holders of H1B visas are required to get an H1B from each employer they work for. As a result, the H1B visa is only valid for one particular company. Even if the role is temporary or part-time, employees are not permitted to take on any additional positions or side jobs unless they can secure extra H1B status with those new companies.
Employers, Benefits of Sponsoring H1B Visas
Both possessing an H1B visa and working for an employer who sponsors H1B visas have numerous advantages, including the following:
- Employers can recruit and sponsor non-citizens to work for them if they are unable to find suitable professionals in the U.S. in their particular field.
- Hiring individuals with H1B visas from abroad who have more expertise in a certain subject or the ability to speak various languages help expand your company’s global reach.
- Holders of H1B visas are permitted to work for many employers; however, they must get H1B visas for each company, which is typically not too difficult to achieve provided that the business is willing to sponsor the employee.
- The H4 visa allows H1B visa holders to bring their spouses and dependent children to the US. After filing specific paperwork, such H4 holders can also find employment in the US. Additionally, H4 visa holders can stay in the United States for as long as the H1B visa holder is authorized to do so.
- You may utilize the Dual Intent Doctrine to seek permanent citizenship while holding an H1B visa.
- Holders of H1B visas are permitted to stay in the country for up to three years, with extensions frequently given after that time frame has passed.
Sponsoring an H-1B employee can be a costly and complex process for employers.
In addition to the filing fees and attorney fees associated with the H-1B application process, employers must also consider other costs such as relocation expenses, training costs, and the maintenance of public access files. Employers should carefully consider these costs before deciding to sponsor an H-1B employee and should work with experienced immigration attorneys to ensure that they comply with all relevant laws and regulations.
Frequently Asked Questions Related to H1B Visa Sponsorship
What is an H1B visa, and who is eligible to apply for one?
Answer: An H-1B visa is a temporary visa for foreign workers in specialty occupations. To be eligible for an H-1B visa, you must have a job offer from a US employer in a specialty occupation, possess a bachelor’s degree or equivalent, and be sponsored by your employer.
How much does it cost for an Employer/Company to sponsor an H1B visa?
Answer: The cost to sponsor an H-1B visa includes various fees, such as the filing fee, the fraud prevention and detection fee, and the American Competitiveness and Workforce Improvement Act (ACWIA) fee, among others. These fees can add up to several thousand dollars per employee.
Who pays for the costs associated with H1B sponsorship?
Answer: Typically, the employer sponsoring the H-1B visa pays for the costs associated with the visa, including application fees and legal fees. However, some employers may choose to pass on some of these costs to the employee.
Are there any other costs associated with H1B sponsorship besides the visa application fees?
Answer: Yes, there are other costs associated with H-1B sponsorship, such as relocation costs, training costs, and maintenance of public access files. These costs can vary depending on the employer and the specific job.
How long does the H1B visa process take?
Answer: The H-1B visa process can take several months, depending on various factors such as the volume of applications, the complexity of the case, and whether the application is subject to a request for evidence (RFE). It’s important to plan ahead and start the application process early to allow for ample time for processing.