The H-1B fees, broken down
The H-1B is an employer-sponsored work visa, and its cost is built from several government fees. First is the electronic registration fee the employer pays to enter the annual H-1B lottery. If selected, the employer files Form I-129 (Petition for a Nonimmigrant Worker), which carries a base filing fee. On top of that sit the ACWIA training fee ($750 for employers with 25 or fewer full-time employees, $1,500 for larger ones) and a $500 fraud-prevention and detection fee.
Some employers also owe an extra fee that applies to large, H-1B-dependent companies, and there is an Asylum Program Fee introduced in the 2024 fee rule that scales with employer size (with reductions for small employers and nonprofits). Because these amounts changed in 2024, confirm the current figures on the USCIS fee schedule before filing.
Premium processing and attorney fees
Premium processing is optional. For about $2,805, USCIS guarantees action on the petition within 15 business days, which many employers choose when a start date is tight. The worker or employer can request it, but it does not change the odds of approval — only the speed.
Legal fees are separate from government fees. Immigration attorneys typically charge $2,000–$4,000 to prepare and file an H-1B petition, more for complex cases or requests for evidence. Many employers use the same firm for all their H-1B filings to keep per-case costs predictable.
Who is legally required to pay
This is the most important point: US Department of Labor rules require the employer to pay the core H-1B costs, including the ACWIA training fee and the fraud-prevention fee, because passing them to the worker could illegally drop the employee's pay below the required wage. Employers generally also pay the base I-129 filing fee and attorney fees for the petition.
The one fee a worker may agree to cover is premium processing, but only when it is requested for the employee's own benefit (for example, to speed up a personal travel plan) rather than for the employer's business need. If a prospective employer asks you to pay the mandatory fees, treat it as a red flag.
Total cost example and planning tips
For a mid-size employer filing one cap-subject H-1B in 2026, the government fees commonly add up to roughly $4,000–$6,000 once the registration, base I-129, ACWIA, fraud, and asylum-program fees are combined — before premium processing or attorney fees. A large H-1B-dependent employer pays more; a small nonprofit pays less.
If you are a worker, factor in that an H-1B is tied to a specific employer and job, that the annual cap and lottery limit availability, and that extensions and transfers carry their own filing costs. Employers planning multiple hires should budget early in the fiscal year and decide upfront which cases justify premium processing.
H-1B Visa Fee Breakdown (2026 — Per Petition)
| Fee | Amount | Paid By | Notes |
|---|---|---|---|
| Electronic registration fee (lottery) | $215 | Employer | Per-registrant; non-refundable |
| I-129 base filing fee (≤25 employees) | $730 | Employer | Must not be charged to worker |
| I-129 base filing fee (>25 employees) | $730 | Employer | Same base |
| ACWIA training fee (≤25 employees) | $750 | Employer | Workforce training surcharge |
| ACWIA training fee (>25 employees) | $1,500 | Employer | Higher surcharge |
| Fraud prevention & detection fee | $500 | Employer | All initial / change-of-employer petitions |
| Asylum program fee (>25 employees) | $600 | Employer | Added in 2024 final rule |
| Premium processing (optional) | ~$2,805 | Employer or employee | 15-business-day guarantee |
| US visa stamping (if abroad) | $205 (MRV fee) | Employee | If getting stamp at consulate |
| Typical total (>25 employees, no premium) | ≈ $4,045 | Employer | Excluding optional premium |
Related Questions
Can my employer make me pay the H-1B fees?
No for the mandatory fees. Department of Labor rules require the employer to pay the ACWIA training fee, the fraud-prevention fee, and generally the base filing and attorney fees. Only optional premium processing can sometimes be paid by the worker, and only for the worker's benefit.
How much is H-1B premium processing in 2026?
Premium processing costs about $2,805 and guarantees USCIS action within 15 business days. It speeds the decision but does not improve the chance of approval.
Is there a fee just to enter the H-1B lottery?
Yes. Employers pay an electronic registration fee for each candidate they register for the annual H-1B cap selection, separate from the petition fees paid only if selected.
Does the H-1B cost differ by company size?
Yes. The ACWIA training fee is $750 for employers with 25 or fewer full-time employees and $1,500 for larger ones, and the Asylum Program Fee is reduced for small employers and nonprofits.
How much does H-1B cost the employee?
Usually nothing for the required fees, since the employer must pay them. An employee might only pay optional premium processing in limited situations, plus personal costs like the consular visa-stamping fee abroad.
Official Sources
- USCIS – H-1B Specialty Occupations
- USCIS – Form I-129 and Fees
- USCIS – Premium Processing (Form I-907)
This guide is general information, not legal advice. Fees and processing times change; always confirm with the official government source before acting.