To save time and money, it’s vital to have a clear understanding of the H-1B visa fees. Avoiding common errors requires a thorough understanding of how to pay them and who is responsible for paying each fee. Whether you’re applying for the H-1B visa in the upcoming visa lottery cap, applying through a cap-exempt organization, or looking to extend or transfer, understanding the costs associated is key.
Have questions about H-1B visa fees? Speak with an immigration expert today
Important Updates
- The cost of premium processing increased to $2,965 on March 1st, 2026. The fee will apply to the 2026-27 lottery.
- The Trump administration signed a proclamation on September 9th 2025, introducing a $100,000 fee that applies to new H-1B petitions for beneficiaries abroad that require consular processing. This fee is currently undergoing three legal challenges.
What Are the 2026-27 H-1B Visa Fees?
The H-1B visa costs for employers vary depending on company size and composition, beneficiary location, optional fees like premium processing, attorney fees, and wage strategy taken based on the wage-weighted selection rules.
All parties should be aware of the H-1B visa fees charged and who is responsible for paying for what. Therefore, we strongly recommend having VisaNation Law Group conduct a thorough case evaluation before entering the H-1B visa lottery to ensure you meet the wage eligibility requirements, attract eligible candidates, and submit your registration correctly.
Fee for H-1B Visa Application
|
Fee |
Amount |
Responsible for Fee |
|
$100,000 H-1B Supplemental Fee |
$100,000 - only for new H-1B petitions for beneficiaries outside the U.S. or those who require consular processing. |
Employer |
|
H-1B Lottery Registration Fee |
$215 |
Employer |
|
I-129 Petition Filing Fee |
$780 or $460 (small employers/nonprofits) |
Employer |
|
Public Law 114-113 Fee |
$4,000 (only if 50+ employees) |
Employer |
|
Premium Processing (optional) |
$2,965 |
Employer or Employee |
|
ACWIA Education and Training Fee |
$750 (less than 25 employees) $1,500 (more than 25 employees) |
Employer |
|
USCIS Anti-Fraud Fee |
$500 |
Employer |
|
Asylum Program Fee |
$600 (if 26+ employees) |
Employer |
|
Attorney Fee |
Variable |
Employer |
H-1B Visa Cost to Employer
- Lottery Registration fee: $215
- I-129 Petition Filing Fee:
- The standard H-1B filing fee is $780 for the I-129 petition
- The filing fee is $460 for small employers and nonprofits.
- American Competitiveness and Workforce Improvement Act (ACWIA) Training Fee:
- For employers who have 1-25 full-time workers, the fee is $750.
- For employers with 26 or more full-time employees, the fee is $1,500.
- Some organizations are exempt, including higher education institutions, nonprofits affiliated with higher education institutions, nonprofit or governmental research organizations, primary or secondary schools, and nonprofits with established curriculum-related clinical training programs.
- Fraud Prevention and Detection Fee: $500. Applies to new H-1B petitioners or those changing employers.
- Public Law 114-113 Fee: $4,000. This H-1B fee applies to companies with more than 50 employees, in which over half of the company employees are on H-1B or L-1 status.
- Asylum Program Fee: A fee that applies to all Form I-129 and I-140 petitions to help cover the costs of asylum adjudications.
- $600 for employers with 26 or more Full-Time Employees (FTEs)
- $300 for small employers (25 FTEs or less)
- $0 for nonprofit organizations
- Premium Processing (Optional): This service is available to expedite the H-1B visa process to a 15-business-day time frame for $2,965. To use this feature, you must complete Form I-907.
H-1B Visa Cost Paid by Employees
The optional fees of H-1B sponsorship for employees include:
- H-1B Premium Processing Fee (Optional): This service is available to employers or employees who want to expedite the H-1B visa process. For employees, this fee is paid when personal reasons necessitate a shortened timeline.
- DS-160 Application: $205.00. This is the online application form for all nonimmigrant visas. The same fee applies to H-4 dependents. Each family member must pay the fee.
- Visa Integrity Fee: $250. This is a refundable security deposit. It does not apply to change of status applications filed within the U.S.
VisaNation H-1B Attorney Fees
H-1B attorney fees differ tremendously depending on the firm. Since the H-1B stages are now tiered, only certain companies will eventually file the complete petitions. VisaNation Law Group’s legal fees are tiered as follows:
- Stage One: $750 for the initial registration process, which includes all required preliminary case to ensure that the SOC code and Wage Level selection is legally defensible and consistent with the final petition filing.
- Stage Two: $2,750 will be due if the case is selected in the lottery for filing, including all form/support letter preparation plus case filing within the timeframe.
If you are interested in registering for the 2026-27 H-1B visa lottery, contact VisaNation attorneys.
What is the $100,000 H-1B Fee?
On September 21, 2025, the Trump administration released the proclamation “Restriction on Entry of Certain Nonimmigrant Workers,” which imposed a $100,000 fee per H-1B petition. The fee applies to beneficiaries who are:
- outside the United States, and do not have a valid H-1B visa
- or are inside the U.S., but the petition requests consular notification, port of entry notification, or pre-flight inspection.
The fee does not apply to:
- Change-of-status beneficiaries, such as recent graduates applying from F-1 status.
- Extensions and Transfers
Are $100,000 H-1B Fee Exemptions Available?
According to USCIS, the DHS Secretary may grant waivers in rare circumstances where the hiring serves U.S. national interests. Official guidance includes the following circumstances:
The particular alien worker’s presence in the United States as an H-1B worker is determined to be in the national interest.
No qualified American worker is available to fill the specific role.
The alien worker does not pose a threat to the security or welfare of the United States.
Requiring the petitioning employer to make the $100,000 payment would significantly undermine the interests of the United States.
In the video below, managing attorney Shilpa Malik breaks down the latest updates to the $100,000 visa fee.
Real H-1B Fee Example Cases:
Example A (25 or fewer employees):
A for-profit technology firm XYZ, has 20 employees and 10% of their employees are using the H-1B visa. If they file for an H-1B visa with premium processing then they need to pay the $2,965 fee, the base filing fee of $460, ACWIA fee of $750, anti-fraud fee of $500, and a $300 asylum fee. Technology firm XYZ would pay $4,815 for an H-1B petition aside from any attorney fees.
Example B (25+ employees):
A medical consulting firm BAC has 240 employees and 40% of their employees are employed using an H-1B visa. If they want to file for the H-1B visa with premium processing then they need to pay the $2,965 fee, the base filing fee of $780, ACWIA fee of $1,500, anti-fraud fee of $500, and a $600 asylum fee. The medical consulting firm BAC would anticipate paying $6,185 for an H-1B petition excluding attorney fees.
Example C (50+ employees on an H-1B Visa)
An engineering company EFG has 1,000 employees and 60% of their employees are employed on the H-1B visa. If they want to file for the H-1B visa with premium processing then they need to pay the $2,965 fee, the base filing fee of $780, ACWIA fee of $1,500, anti-fraud fee of $500, a $600 asylum fee, and a $4,000 Public Law 114-113 Fee. The engineering firm EFG would anticipate paying $10,185 for an H-1B petition excluding attorney fees.
H-1B Transfer Fee
When transferring an H-1B to a new employer, the following fees apply:
Form I-129 Filing Fee:
- $780 for most employers
- $460 for small employers (≤25 employees) & nonprofits
Fraud Prevention and Detection Fee: $500
- Paid only once per beneficiary per employer
- Required for new employers but not for extensions with the same employer
ACWIA (Training) Fee:
- $750 for small employers (≤25 employees)
- $1,500 for large employers (26+ employees)
- Exemptions: Certain nonprofits, educational institutions, and government research organizations
Public Law 114-113 Fee: $4,000
- Only for employers with 50+ employees in the U.S.
- More than 50% of the workforce must be on H-1B or L-1 visas for this to apply
Asylum Program Fee: $600
- Asylum fees are reduced to $300 for small employers
- The fee is reduced to $0 for nonprofits.
Premium Processing Fee (Optional): $2,965
Total H-1B Transfer Cost
- Minimum: $2,010 (for small nonprofits with no premium processing)
- Maximum: $10,185 (if all fees apply + premium processing)
Find out more about H-1B Cap Exempt Visas
Real H-1B Transfer Fee Example Case
John, an existing H-1B employee, would like to switch his employer via an H-1B transfer. His new employer, Company Zebra, is a large corporation with 5,000 employees, with less than half of all employees on H-1B Visas H-1B or L-1 visas. Company Zebra will be required to pay: The basic filing fee of $780 for bigger companies, the Fraud Detection and Prevention fee of $500, and the ACWIA fee for a company of this size would be $1,500. The total is $2,780
H-1B Extension Fee
- Base filing fee (Form I-129): $780 for paper filing or $730 online
- The fee is reduced to $460 for small employers and nonprofits
Additional fees include:
- Asylum Program Fee: $600
- Asylum fees are reduced to $300 for small employers and $0 for nonprofits.
- ACWIA Fee
- Less than 25 full-time employees: $750
- (25 or more full-time employees): $1,500
- Exclusions for eligible organizations: Higher education institutions, nonprofits affiliated with higher education institutions, nonprofit or governmental research organizations, primary or secondary schools, and nonprofits with established curriculum-related clinical training programs
- Exclusions for second extensions: The fee does not apply to petitioners who file a second request for an extension with the same employer for a foreign worker.
- Optional: Premium Processing fee of $2,965
H-1B Renewal Fee
When the H-1B stamp expires, the employee must pay the $205 renewal fee at the embassy or consulate of their home country if they wish to continue having the ability to leave and return to the United States for travel. Currently, there is no method of renewing the visa stamp in the United States, and as of September 6, 2025, the U.S. Department of State has eliminated third-country visa processing. This means H-1B holders and dependents must renew visas in their home country.
We advise consulting an immigration attorney prior to travel, as a lack of appointment availability in some consulates/embassies are causing significant issues which are leaving some H-1B holders struck in their home country.
Small vs Large Employer Fee Scenarios for Standard H-1B Extension
Small employer (25 or fewer full-time employees):
- Form I-129 filing fee: $460
- ACWIA fee: $750
- Asylum Program Fee: $300
- Total: $1,510
Large employer (25+ full-time equivalent employees):
- Form I-129 filing fee: $780
- ACWIA fee: $1,500
- Asylum Program Fee: $600
- Total: $2,880
*Note: We do not take any responsibility for the accuracy of the information posted on external websites.
If you are interested in registering for the 2026-27 H-1B visa lottery, contact VisaNation attorneys for submitting your registration.
Frequently Asked H-1B Fees Questions
Below, you will find answers to the most commonly asked questions:
Do I have to pay H-1B fees with the registration process?
Employers are responsible for the non-refundable $215 registration fee for entering a beneficiary into the cap. However, you will have to pay all applicable H-1B fees if selected for the cap.
What is the h1b 100k fee for f1 students?
F-1 students who have sponsorship from a U.S. employer are exempt from the $100,000 as long as they remain in the United States and plan on changing status to H-1B.
Who pays H-1B visa fees?
The sponsor (employer) is legally responsible for the H-1 B visa fees for the employee, including the H-1B registration and petition. However, if the beneficiary would like to add a dependent to the filing, then that cost is covered by the beneficiary. Additionally, the DS-160 nonimmigrant fee is the responsibility of the beneficiary.
Who pays the attorney fees?
The employer must cover all associated costs relating to the H-1B registration and petition for the beneficiary.
What is the fraud prevention and detection fee?
This fee is meant to ensure that there is only one filing between the beneficiary and petitioner to avoid any fraud in the H-1B program.
What happens after receiving a selection notice?
Form I-797C, Notice of Action is issued by USCIS to communicate information pertaining to receipt, rejection, transfer, reopening or an upcoming appointment should you be selected in the lottery.
Is there a salary requirement for the H-1B?
Yes. The salary must be the higher of the prevailing wage for the geographic area or the actual wage paid by the employer to other workers in the same position with similar experience.
What are the H-1B visa fees for India?
H-1B beneficiaries from India are subject to the same fee structure as applicants from any other country. The primary personal cost for the employee is the $205 DS-160 fee, which must be paid before attending the H-1B interview at a U.S. Embassy or Consulate. If family members are applying for H-4 visas, each member must pay their own DS-160 fee.
Does USCIS exempt certain fees?
The Asylum Program Fee is waived for all nonprofit organizations. Additionally, small employers with 25 or fewer full-time equivalent (FTE) employees receive a 50% discount, paying only $300.
Several groups are completely exempt from the ACWIA (Training) Fee, including:
- Institutions of higher education.
- Nonprofit entities affiliated with institutions of higher education.
- Nonprofit or governmental research organizations.
- Primary or secondary educational institutions.
- Nonprofits with established curriculum-related clinical training programs.
The Public Law 114-113 Fee only applies if an employer has more than 50 employees in the U.S. and more than 50% of them are on H-1B or L-1 status. If you fall below either threshold, you are exempt.
Lastly, the Fraud Prevention and Detection Fee is not required for those from Chile or Singapore, nor for extensions with the same employer.
Can an employer in the U.S. require a foreign employee to pay for the H-1B fees?
No, it is against U.S. legal regulations if they do so. Employers must pay for all H-1B fees. The only exceptions where the beneficiary can pay for fees are premium processing fees and visa fees for consular processing. Premium processing is an optional fee. Site audits are common, in which auditors will confirm that the employer paid their responsible fees.
How To Get a USCIS Refund for the H-1B Visa Cost
Usually, the USCIS keeps the filing fees even if they deny your petition.
