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?
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
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