Who pays the I-140 fee for EB-1B or EB-1C?

Let’s begin by clarifying that EB-1B visas (Internationally Recognized Professors and Researchers) and EB-1C visas (Multinational Executives and Managers) are employment-based processes, which means the employer plays a central role in conducting the immigration process.

In the case of these visas, it is the employer who must file Form I-140 – the immigrant petition for a foreign worker – and consequently, is also responsible for paying the corresponding processing fees. This rule was established by United States immigration regulations to ensure that administrative costs are borne by the sponsoring company, not by the beneficiary (applicant).

Although in some situations internal or contractual agreements may suggest the possibility of reimbursement of such costs by the employee, it is important to emphasize that, from a legal standpoint and according to USCIS (U.S. Citizenship and Immigration Services) guidelines, the responsibility for covering the I-140 costs lies with the employer, who is the petitioner in the process. This procedure also serves to prevent fraud and guarantee the integrity of the entire process.

It is always essential that both the employer and the applicant strictly follow U.S. immigration laws. It is recommended to seek information directly from official USCIS sources and, when necessary, consult specialized professionals in the field – avoiding scams or marketing campaigns that promise facilitated solutions or guaranteed results.

Proper compliance with the regulations not only ensures the proper progress of the process but also protects both the company and the applicant from future complications.

In summary, for EB-1B and EB-1C visas, payment of the I-140 fee is, as a rule, the responsibility of the employer, according to guidelines established by United States immigration authorities.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.