Memorandum
To: Deans, Directors, Budget Unit Heads
From: Martyn J. Miller, Senior Director
International Student and Scholar Services
Subject: Hiring Departments Must Pay H-1B Processing Fees
Date: July 19, 2010
This is to advise you that, effective August 1, 2010, consistent with the federal regulations found at 20 CFR 655.731(c)(9)(iii)(C), University departments hiring individuals in Nonimmigrant Worker (H-1B) status are required to pay mandatory processing fees associated with such employment. Specifically, hiring departments are required to pay and cannot pass along to the prospective employee(s) the current US$500.00 “anti-fraud” fee (required for new employees) and the current US$325.00 routine processing fee (required for all employees). (Previously, the requirement was only for the $500 fee.)
Insofar as the current US$1,225.00 premium processing fee is concerned, a hiring department is required to pay that fee only if the department insists on filing the petition for H-1B status with a Request for Premium Processing (Form I-907); if the Form I-907 is requested at the preference of the employee, the employee can be asked to pay that fee.
Hiring departments may also choose, but are not required, to pay the current $290.00 fee for applications of dependents of employees in H-1B status.
The H-1B Application forms from International Student and Scholar Services are being amended to reflect this new requirement.
If you have any questions about this matter, I would be happy to try to answer them.