Tuesday, July 10, 2007

H-1B Annual Attorney fee estimates

CompeteAmerica, an immigration lobbying firm, has published a document called, "Highly Educated Foreign Professionals: Separating Myth from Reality." Within this document, estimates are published concerning the costs associated with the H-1B visa.

"In addition to wage requirements, it is expensive just to hire an H-1B worker. Taking into account the recruitment and training fee (generally $1500), the anti-fraud fee ($500), the filing fee ($190), the “premium processing” fee that is often necessary ($1000) and the legal fees and costs, U.S. employers typically spend between $5000 and $6000 just to secure an initial H-1B approval. And that is on top of the recruitment, compliance and other administrative costs."

Subtracting the training, anti-fraud, filing and premium processing fee, the remainder is "legal fees and costs," in the amount of $1,810.00 to $2810.00. (Even if the H-1B is denied, the legal fees must be paid.)


Year / Initial H1B Petitions
2002 = 109,576
2003 = 108,526
2004 = 163,549
2005 = 117536
Total = 499,187

The CompeteAmerica estimate (range) of H-1B legal fees and costs, $ 1,810.00 per application and $2810.00 are shown below.


Attorneys fees H-1B Initial Petitions @ $ 1,810.00
2002 = $ 198,332,560.00
2003 = $ 196,432,060.00
2004 = $ 296,023,690.00
2005 = $ 212,740,160.00
Total = $ 903,528,470.00


Attorneys fees H-1B Initial Petitions @ $ 2,810.00
2002 = $ 307,908,560.00
2003 = $ 304,958,060.00
2004 = $ 459,572,690.00
2005 = $ 330,276,160.00
Total = $ 1,402,715,470.00

The initial employment side of the H-1B is not the entire story -- however CompeteAmerica was not kind enough to provide an estimate of legal fees for continuing employment approvals.

H-1B Continuing employment approvals
2002 = 93,953
2003 = 112,026
2004 = 156,921
2005 = 150,204

Total = 513,104

On the government side, the H-1B program also generates substantial funding.

(Initial H-1B employment approvals only)

2002 - 2005 Recruitment and training fees = $ 684,483,000.00

2002 - 2005 Anti-fraud fees = $ 228,161,000.00

Reference:

http://www.competeamerica.org/economy/myths_realities/index.html

http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf

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