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Payment of Fees Related to H-1B Employment Petitions for International Employees

From: 
Richard W. Lariviere, Provost and Executive Vice Chancellor
Sent: 
Wednesday, February 07, 2007 12:03 PM
To: 
Deans, Directors, Department Chairs

In compliance with the Federal Code of Regulations (20 C.F.R. 655.731), the University hiring unit is required to pay the application fee for all H-1B employment petitions filed with U.S. Citizenship and Immigration Services (USCIS), as well as the $500 anti-fraud fee charged for all new H-1B petitions. The U.S. Department of Labor views these costs as business expenses on the part of KU, and payment of these fees by the employee (or their recoupment by the University) is considered an unauthorized deduction from the employee’s wages. Please note that the $500 anti-fraud fee is not charged by USCIS on H-1B extension applications for continuing employees.

In addition, an optional, premium processing fee of $1000 can be paid by departments with the filing of Form I-907 if it is necessary that the petition be adjudicated by USCIS within 10-15 business days. The Office of International Student and Scholar Services (ISSS) should be consulted prior to paying this fee as its advisability depends upon the individual employee’s circumstances. In limited circumstances, departments may be formally exempted from paying this fee if it can be demonstrated that premium processing is solely for the benefit of the new international employee. Exceptions will be considered on a case-by-case basis and must receive formal approval from ISSS.

All fee-related checks are made payable to Department of Homeland Security and are submitted with the H1B petition and supporting materials. If you have questions regarding fee payment requirements, please contact Dr. Joe Potts at 864-3617 or jpotts@ku.edu.

Richard W. Lariviere
Provost and Executive Vice Chancellor

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