However if the beneficiary pays the Premium Processing fee for the H1B Visa and it does not reduce his/her effective wage below the prevailing wage indicated on the LCA it should be fine.įact Sheet #62H: What are the rules concerning deductions from an H-1B worker’s pay?
Our view is this: The safe harbor approach is for the Employer to pay the Premium Processing fee. Unfortunately this lack of clear guidance sometimes occurs in employment based immigration. USCIS says the beneficiary can pay the Premium Processing fee. DOL says only the employer can pay the Premium Processing fee. Who can pay the $2,500 USCIS fee for Premium Processing fee for the H1B Visa?: If the petition or application requires the submission of additional evidence or a response to a notice of intent to deny, a new 15 calendar day period will begin upon receipt by USCIS of a complete response to the request for evidence or notice of intent to deny. USCIS will issue an approval notice, a denial notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation within the 15 calendar day period.
The 15 calendar day period will begin when USCIS receives the petition.Ĭlick here to see a list of other USCIS petitions that allow premium processing. The process involves submitting a completed and signed USCIS form I-907 and paying $2,500 payment to Department of Homeland Security.ĭepartment of Homeland Security guarantees a 15 calendar day processing time or they will refund the $2,500 Premium Processing Service fee.
Premium Processing for the H1B Visa is a service provided by the Department of Homeland Security (USCIS) that offers 15 day processing time.
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