According to the Department of Labor, the fees associated with the H-1B petition are considered to be a business expense and payment of these fees are an employer obligation. If a scholar pays any of the fees associated with the H-1B, we must consider this a deduction from wages and could result in failure to pay the prevailing wage. If the scholar’s salary falls below the minimum prevailing wage requirement we are not able to file the H-1B.
- $500 check made payable to the “Department of Homeland Security” for their Anti-Fraud Fee. (Not needed for Extension Requests of H-1Bs already sponsored by Brown)
- $460 check made payable to the “Department of Homeland Security” for the application fee.
- If employee's dependents (spouse and unmarried children under age 21) are in the U.S. and will be changing their immigration status to H-4, the Form I-539 as well as copies of all immigration documents need to accompany the following application fee: (this fee is not considered an employer obligation) $370 check made payable to the “Department of Homeland Security”.
- If requesting expedited processing, $2,805 check made payable to the "Department of Homeland Security" for Premium Processing.
Explanation of the Anti-Fraud Fee
On December 8, 2004, President Bush signed the Fiscal Year Consolidated Appropriations Act (H.R. 4818) into law. This law incorporates the “H-1B Visa Reform Act of 2004” which contains several provisions affecting the H-1B specialty worker category.
While there are several provisions affecting how the Office of International Student & Scholar Services (OISSS) processes H-1B applications, the key provision affecting Brown applicants as of March 8, 2005 is that an additional $500 fee will have to accompany applications for initial H-1B status and requests to transfer H-1B status. Revenue from this fee is to be shared by the US Department of Homeland Security, Department of State, and Department of Labor to cover the costs of investigating employer fraud.
Departments will need to submit a separate check, made payable to Department of Homeland Security, in the amount of $500 with the Departmental Service request.
Please note that the $500 fee is considered by this law to be an employer’s obligation; it may not be paid by the employee.
NOTE: Brown University Controller's Office has created a sub code especially for check requests relating to visa applications. The WorkDay Spend Code is 3115 which has the following explanation: Visa Application/Expense.
Payments related to the processing of visa charges that are required to be paid to the Department of Homeland Security. All checks made payable to the Department of Homeland Security for visa processing should be sent to OISSS and NOT directly to DHS.