The Department of Labor (DOL) has revised certain employer attestation requirements in its Labor Condition Application for Nonimmigrant Workers (“LCA”), ETA Form 9035, a mandatory component of all H-1B Petitions. After review, the NIH’s Office of General Counsel issued a legal opinion stating that NIH must pay the filing fees associated with H-1B Petitions to remain in compliance with all DOL attestation requirements and other regulatory authority obligations. 

Beginning February 12, 2018, Institutes and Centers began incurring the cost of the H-1B filing fee, which currently stands at $460.00, for all H-1B petitions. The ICs will continue to incur the $500.00 cost of the H-1B Fraud Prevention and Detection Fee for new H-1B petitions. These fees are subject to periodic increase by United States Citizenship and Immigration Services and may see an increase in 2018. 

Presently, the Office of Financial Management (OFM) has agreed to assess H-1B filing fees based on an IC's previous 3 years of H-1B sponsorship. This assessment will allow the Division of International Services (DIS) to issue the checks as needed. Please contact the DIS Director if you wish to know the assessment for your IC. 

Please direct any questions about this notice or the new H-1B visa fee payment requirement to Candelario Zapata, DIS Director at cz46e@nih.gov.