How much does an H-1B cost? Searches for H-1B fees run into the tens of thousands each month, and the answer has grown more complicated in the past year. There is a base form fee, several add-ons that depend on the employer, an optional speed fee, and a very large payment whose legal status has been fought in court.
As of October 31, 2026, this guide uses the USCIS fee schedule, Form G-1055, edition 10/26/26, and lays out who pays what.
- The H-1B registration fee is $215 per beneficiary.
- Form I-129 for H-1B is $780 on paper or $730 online for a regular employer.
- Small employers and nonprofits pay $460 for the base I-129 fee.
- The Asylum Program Fee is $600, $300 or $0, depending on the employer.
- ACWIA is $1,500 or $750, and may not be charged to the worker.
- The fee schedule lists a $100,000 proclamation payment, but a court vacated the implementing guidance.
What are the fees?
Here is the current H-1B list (USCIS, Form G-1055, edition 10/26/26):
| Fee | Amount | When it applies |
|---|---|---|
| Registration (cap cases) | $215 per beneficiary | Each lottery registration |
| Form I-129, H-1B | $780 paper, $730 online | Every petition |
| Form I-129, small employer or nonprofit | $460 | Instead of the regular fee |
| Asylum Program Fee | $600, $300 or $0 | Regular, small employer, nonprofit |
| Fraud Prevention and Detection Fee | $500 | Initial approval or a change of employer |
| Public Law 114-113 Fee | $4,000 | Employers with 50 or more U.S. workers, over half on H-1B, L-1A or L-1B |
| ACWIA | $1,500 or $750 | Depends on employer size; some are exempt |
| Proclamation payment | $100,000 | Listed; see below |
Premium processing is separate. A regular employer filing a new cap case on paper pays $215 + $780 + $600 + $500 + $1,500, or $3,595, before any attorney fees. That is our arithmetic, and the actual amount depends on which fees apply to the specific petition. Our guide to USCIS fees for employment cases shows how these compare with other forms.
Which add-on fees apply to you?
It depends on the employer and the kind of filing.
ACWIA. USCIS says it applies to an initial petition, a change of status or employer, and the "first petition requesting an extension of H-1B stay by the same petitioner filing on behalf of the same beneficiary." It does not apply to a "second (or later) petition requesting an extension" by the same petitioner, or to amendments that do not seek more time (USCIS, H and L Filing Fees).
Certain employers are exempt. The list includes "an institution of higher education," related nonprofits, "a nonprofit research organization or governmental research organization," and "a primary or secondary educational institution." Our guide to cap-exempt H-1B employers covers related ground.
Fraud fee. The fee schedule says it is due when "seeking initial approval of H-1B nonimmigrant status for a beneficiary" or "seeking approval to employ an H-1B nonimmigrant currently working for another petitioner."
Public Law 114-113. This $4,000 fee is for employers with "50 or more individuals in the United States" where "more than 50 percent of those employees are in H-1B, L-1A, or L-1B nonimmigrant status," for petitions filed on or before September 30, 2027. A final rule effective September 9, 2026 requires it for all H-1B and L-1 petitions by covered employers, but "the fee does not apply if the petitioner is filing an amended petition that does not seek to extend" status (USCIS, H-1B Specialty Occupations). Our guide to the H-1B and L-1 fee on extensions explains that change.
Asylum Program Fee. The schedule groups this as $600 for a regular petitioner, $300 for a small employer and $0 for a nonprofit.
What is the status of the $100,000 payment?
Unsettled. The fee schedule lists "$100,000, unless an exception has been granted by the Secretary of Homeland Security," and it must be paid through pay.gov before filing when it applies. A new proclamation extended the restriction "for an additional 12 months," until September 21, 2027 (Proclamation, 91 FR 60497).
But USCIS also says a federal district court "vacated agency guidance implementing the $100,000 payment requirement," that the First Circuit denied a stay on July 24, 2026, and that DHS "will comply with the court's order while DHS considers next steps." It adds that "if this order is later lifted, DHS still plans to collect the payment" (USCIS, H-1B FAQ).
When it applies, USCIS says it reaches certain petitions for beneficiaries "who are outside the United States and do not have a valid H-1B visa," and not most in-country changes of status that are granted. Our guide to the $100,000 fee tracks the details.
There is also a separate proposal. DHS has proposed "a $103,265 fee, payable at the time of filing, for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption" (91 FR 54817). It is a notice of proposed rulemaking, not a current fee.
Who is allowed to pay what?
This is the question workers should care about most. There are firm limits.
- ACWIA can't be passed on. The Form I-129 instructions say "the ACWIA fee may not be assessed to the beneficiary" (USCIS, Form I-129 Instructions). DOL's rule also says "the employer may not receive, and the H-1B nonimmigrant may not pay, any part of" the additional filing fee "whether directly or indirectly, voluntarily or involuntarily" (20 CFR 655.731(c)(10)(ii), eCFR).
- Employer business costs can't quietly come out of your pay. Deductions may not "recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H-1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H-1B petition)" (same).
- Optional fees depend on the facts. Whether a worker can pay for premium processing depends on who benefits and how the wage rules apply, so ask before agreeing.
If an employer asks you to reimburse filing or legal costs, get advice. These are DOL wage issues, and our guide to H-1B benching and wage rules explains the wage floor.
What about other costs?
Attorney fees vary, and they are not in the fee schedule. If you need a visa stamp abroad, the State Department charges a separate visa application fee. Family members on H-4 have their own filing or visa costs. Check the current official sources before you budget.
Does the online discount apply?
Sometimes. The H-1B I-129 is $50 less online for regular filers, at $730, if the form is open for online filing in your case. The reduced $460 fee for small employers and nonprofits is the same online and on paper. USCIS has moved toward electronic payment, and it warns that "we may need to reject your entire package if you submit a single, combined payment for multiple forms," so pay each form separately (USCIS, Filing Fees).
What this means for you
- Ask your employer which fee category it falls into.
- Check that nobody is charging you ACWIA or the employer's legal fees.
- Use the fee schedule edition in force on the day of filing.
- Watch the $100,000 issue before any petition for someone abroad.
- Budget separately for premium processing, visa stamping and H-4 family members.
Where to start
If high employer costs make sponsorship unlikely, a self-petition may be another option. Our free evaluation at /evaluate/ checks whether EB-1A or the NIW fits your profile, and Frank, our AI assistant at /frank, helps you build the evidence. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 31, 2026.
- USCIS, Form G-1055, edition 10/26/26. Fee amounts.
- USCIS, H and L Filing Fees. ACWIA rules and exemptions.
- USCIS, H-1B Specialty Occupations. Public Law fee rule; who the proclamation reaches.
- Proclamation, 91 FR 60497. Extension to September 21, 2027.
- USCIS, H-1B FAQ. Court order and DHS position.
- 91 FR 54817 (Aug. 25, 2026). Proposed cap-subject fee.
- USCIS, Form I-129 Instructions. ACWIA not assessed to the beneficiary.
- 20 CFR 655.731 (eCFR, current text). Deductions; filing fee cannot be paid by the worker.
- USCIS, Filing Fees. Separate payments.
Frequently asked questions
How much does an H-1B cost in total?
It depends on the employer and the case. A regular employer with more than 25 workers filing a new cap case on paper typically pays $215 + $780 + $600 + $500 + $1,500, or $3,595, in USCIS fees, before attorney fees and any premium processing. Small employers, nonprofits and some educational employers pay less, and extensions can cost less.
Who pays H-1B fees, the employer or the employee?
Mostly the employer. The Form I-129 instructions say the ACWIA fee may not be assessed to the beneficiary. Labor rules also bar deductions that recoup employer business expenses, including attorney fees and costs of H-1B functions the employer must perform, in ways that would reduce pay below the required wage. The rules on who can pay optional premium fees depend on why it is requested.
Is the $100,000 H-1B fee still in effect?
It remains unsettled. The proclamation has been extended to September 21, 2027, and the fee schedule lists it, but a federal court vacated the agency guidance that implements it. USCIS says DHS will comply with that order while it considers next steps and still plans to collect the payment if the order is lifted. Check the current USCIS H-1B FAQ.
How much is H-1B premium processing?
The USCIS premium fee for most I-129 classifications, including H-1B, is $2,965, under the rule in effect in 2026. USCIS sets a timeframe of 15 business days for most classifications. It is a guaranteed time for action, not a guaranteed approval, and the clock can stop and reset if USCIS issues a request for evidence.
How much does an H-1B extension cost?
Usually less than a new case. Fraud fees generally apply only on initial status or a change of employer, and ACWIA applies to the first extension by the same employer but not usually to later ones. The base I-129 fee and Asylum Program Fee still apply. Our guide to USCIS fees shows the current numbers across forms.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
