Q: Can the beneficiary of an O-1B visa pay for his/her own fees?
On April 1, USCIS has implemented new rules and new fees for non-immigrant workers. So can the beneficiary of an O-1B visa pay for the related government fees?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Yes, the beneficiary of an O-1B visa can pay for their own fees under the new USCIS rules implemented on April 1, 2024. The O-1B visa is for individuals with extraordinary ability or achievement in the arts, motion picture, or television industry.
According to the USCIS, the following fees are associated with the O-1B visa:
1. Form I-129, Petition for a Nonimmigrant Worker: $460
2. Fraud Prevention and Detection Fee: $500
3. Public Law 114-113 Fee: $4,500 (if applicable)
The new rules allow for the beneficiary to pay these fees, rather than requiring the petitioner (usually the employer) to cover the costs. This change provides more flexibility for both the petitioner and the beneficiary in terms of managing the financial aspects of the visa process.
However, it's important to note that while the beneficiary is allowed to pay the fees, the petitioner is still responsible for submitting the petition and supporting documentation to the USCIS. The petitioner must also demonstrate that they have an appropriate employer-employee relationship with the beneficiary and that the beneficiary meets the qualifications for the O-1B visa.
Cagatay Ersoy agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
