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

In the EB-1B and EB-1C categories, the employer is the one who files Form I-140 and generally covers the petition fee. Since there are nuances involved, confirm the current rules with USCIS.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 11, 2026
1 min read
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In the EB-1B (outstanding professors and researchers) and EB-1C (multinational executives and managers) categories, the petition is employer-sponsored: the party that files Form I-140 is the sponsoring employer in the United States, not the candidate. In practice, this means the employer typically covers the filing fee for that petition.

That said, it is worth understanding the layers involved:

  • The employer is the petitioner, so it leads the process and normally bears the cost of filing the I-140;
  • Internal agreements between the company and the professional may address reimbursement or the sharing of other costs;
  • The rules on who may or must pay each type of cost vary depending on the nature of the expense and are subject to change over time.

Because this is a sensitive area that can be updated, avoid relying on secondhand figures or outdated rules. The safest path is to confirm the current fee and responsibility rules at the official source (USCIS) and, if there are any contractual questions, align with a specialist before making commitments.

Learn more about EB-1

Category
EB-1 Green Card (1st priority)
Requirement
Extraordinary ability
Self-petition
Allowed (no sponsor needed)
Processing
6-18 months
All about EB-1

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.

Victoria's tips

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

In the EB-1B and EB-1C categories, the employer is the one who files Form I-140 and generally covers the petition fee. Since there are nuances involved, confirm the current rules with USCIS.

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