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ACWIA fee for H1-B extensions

Chicago, IL |

I am currently in my 6th year of H1-B. I started working for my current company on H1-b work visa in January 2010. As my 6 year visa period expires in September 2012, I need to apply for a H1-b extension (based on my days outside US) to capture some time before I can have a full 365 days from my PERM application for further extensions

My employer had paid the $1500 ACWIA fee when they filed for my H1-b the first time. Do they have to pay the $1500 ACWIA fee again for externsions?

In I-129 instructions, it specifies that one of the exemptions for paying the ACWIA fee is "second or subsequent extension...". Would my case be considered a subsequent or second extension?

Attorney Answers 4


  1. By law, employers must pay the ACWIA Fee to the Department of Homeland Security for the initial petition and for the first extension the employer files on behalf of a particular employee.

    Kate Angustia, KMA Law Offices, LLC. This answer does not create an attorney client relationship. Comments are directed to the limited facts known, and you should seek counsel from an attorney to review all of your case specific facts for advice tailored to your situation.


  2. Your employer must pay the fee again if this is the second petition (=first extension). If he files the thrid petition (=second extension), he does not have to pay.

    This response does not contitue and attorney client relationship and attorney does not assume any liability for aforementioned response to inquiry until such relationship is formally established.


  3. Your employer needs to pay it for the initial petition and for the first extension.

    Your employer needs to retain an experienced immigration lawyer to review all the facts and handle the matter.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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