Breaking Update: A new proclamation introduces a $100,000 fee on new H-1B petitions. Understanding these changes and how they impact employers and employees is critical. At Green Card Link, its immigration attorneys help clients navigate these complex requirements and develop strategies to reduce risk and unnecessary expenses.
H-1B Visa Filing Fees Overview
When preparing for the H-1B visa lottery or filing for an extension or transfer, knowing the exact cost breakdown is essential. Mistakes in fee payment are one of the most common causes of delays or denials. Below is a detailed breakdown of the current fees for H-1B petitions.
- H-1B Proclamation Fee (New Petitions): $100,000 – paid by employer
- Lottery Registration Fee: $215 – paid by employer
- I-129 Petition Filing Fee: $780 (large employers), $460 (small employers and nonprofits) – paid by employer
- ACWIA Education & Training Fee: $750 (1–25 employees) or $1,500 (26+ employees) – paid by employer
- Public Law 114-113 Fee: $4,000 (companies with 50+ employees where 50% or more are on H-1B or L-1 visas) – paid by employer
- Asylum Program Fee: $600 (26+ employees), $300 (25 employees or fewer), $0 (nonprofits) – paid by employer
- Fraud Prevention & Detection Fee: $500 – paid by employer
- Premium Processing (Optional): $2,805 – may be paid by employer or employee
Attorney Fees: Variable depending on case complexity – typically paid by employer
Who Pays H-1B Visa Fees?
Fees Paid by the Employer
Employers sponsoring H-1B workers are legally responsible for the majority of fees, including:
- Proclamation Fee ($100,000 for new petitions)
- Lottery registration ($215)
- Standard filing fee ($780 / $460 for small employers & nonprofits)
- ACWIA training fee ($750–$1,500)
- Fraud prevention & detection fee ($500)
- Public Law 114-113 fee ($4,000 when applicable)
- Asylum program fee ($600 / $300 / exempt for nonprofits)
Some categories of employers are exempt from specific fees, such as universities, nonprofit research institutions, and primary or secondary schools.
Fees Potentially Paid by the Employee
Certain optional fees may be covered by employees if requested:
- Premium Processing: $2,805 – for those who need 15-day expedited review
- H-4 Dependent Processing: $470 government fee plus typical $850 legal fee for each dependent spouse or child
H-1B Visa Updates for 2025
- H-1B Lottery Window: The petition filing period officially closed on June 30, 2025. Applicants must prepare early to secure their spot in the next cycle.
- New I-129 Form: Effective January 17, 2025, USCIS now requires the updated version of Form I-129 for all H-1B filings. Any outdated versions will be rejected.
Why Proper Planning Matters
The total cost of an H-1B petition depends on company size, type of employer, optional services, and whether dependents are included. Employers and employees must also account for immigration attorney fees to ensure filings are handled correctly.
At Green Card Link, its immigration attorneys provide detailed case evaluations to:
- Ensure proper wage and eligibility compliance
- Avoid costly filing mistakes
- Navigate complex employer exemptions
- Expedite processing when necessary
- Improve overall chances of approval in the lottery
H-1B Visa Attorney Fees and Costs
Understanding H-1B visa costs is essential for both employers and employees navigating the immigration process. Attorney fees can vary widely, and at Green Card Link, its immigration attorneys provide clear guidance on the expenses involved at each stage of filing.
Attorney Fees for H-1B Petitions
At Green Card Link, immigration attorneys offer a tiered fee structure designed to reflect the H-1B application stages:
- Stage One (Initial Registration): $300 for the initial registration process, which includes all necessary case evaluations and preliminary analysis.
- Stage Two (Petition Filing if Selected in the Lottery): $2,600 for the preparation of forms, support letters, and filing within the required timeframe.
- Requests for Evidence (RFE): $500–$1,600 if USCIS issues a Request for Evidence, depending on the complexity of the response required.
If you are preparing for the 2026–27 H-1B visa lottery, contact immigration attorneys at Green Card Link for assistance with registration and filing.
Real H-1B Fee Examples
Example A: Small Employer (25 or fewer employees)
A technology firm with 20 employees, where 10% hold H-1B visas, decides to file using premium processing. The required government fees would include:
- Premium processing: $2,805
- Base filing fee: $460
- ACWIA fee: $750
- Anti-fraud fee: $500
- Asylum program fee: $300
Total government filing cost: $4,815 (excluding attorney fees).
Real H-1B Fee Examples
Example B: Mid-Sized Employer (25+ employees)
A medical consulting company with 240 employees and 40% on H-1B visas files with premium processing. Fees include:
- Premium processing: $2,805
- Base filing fee: $780
- ACWIA fee: $1,500
- Anti-fraud fee: $500
- Asylum program fee: $600
Total government filing cost: $6,185 (excluding attorney fees).
Example C: Large Employer (50+ employees with over half on H-1B or L-1 visas)
An engineering corporation with 1,000 employees, 60% of whom are on H-1B visas, pays:
- Premium processing: $2,805
- Base filing fee: $780
- ACWIA fee: $1,500
- Anti-fraud fee: $500
- Asylum program fee: $600
- Public Law 114-113 fee: $4,000
Total government filing cost: $10,185 (excluding attorney fees).
USCIS Refunds for H-1B Filing Fees
In most cases, USCIS does not refund filing fees if a petition is denied. However, a refund may be available in these situations:
- A petition is not selected in the H-1B lottery.
- USCIS requested an unnecessary form and associated fee.
- USCIS charged more than the required amount.
- A petition with premium processing was not adjudicated within 15 calendar days.
H-1B Transfer Fees (FY 2025–26)
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) and nonprofits.
- Fraud Prevention and Detection Fee: $500 (only for new employers, not extensions).
- ACWIA Fee: $750 for small employers; $1,500 for larger employers. Certain nonprofits and educational institutions are exempt.
- Public Law 114-113 Fee: $4,000 for employers with 50+ workers if more than half are on H-1B or L-1 visas.
- Asylum Program Fee: $600 (reduced to $300 for small employers and waived for nonprofits).
- Optional Premium Processing: $2,805 for guaranteed 15-day processing.
Estimated total transfer cost: Ranges from $2,010 (for small nonprofits without premium processing) to $10,185 (for larger employers using premium processing).
Example Transfer Case
An H-1B professional joins Company Zebra, a corporation with 5,000 employees (less than 50% on H-1B or L-1 visas). Fees include:
- Base filing fee: $780
- Fraud prevention fee: $500
- ACWIA fee: $1,500
Total transfer cost: $2,780 (excluding attorney fees).
H-1B Extension Fees
When extending an H-1B petition:
- Base Filing Fee (Form I-129): $780 (paper) or $730 (online); reduced to $460 for small employers and nonprofits.
- Asylum Program Fee: $600 (reduced to $300 for small employers and $0 for nonprofits).
- ACWIA Fee: $750 for small employers; $1,500 for larger employers. Certain organizations, such as universities and nonprofit research institutions, may be exempt.
- Premium Processing (Optional): $2,805.
Small Employer Scenario (≤25 employees):
- I-129 fee: $460
- ACWIA fee: $750
- Asylum program fee: $300
Total: $1,510
Large Employer Scenario (25+ employees):
- I-129 fee: $780
- ACWIA fee: $1,500
- Asylum program fee: $600
Total: $2,880
Frequently Asked Questions About H-1B Fees
Do I have to pay fees during the H-1B registration process?
Yes. Employers must pay the $215 non-refundable registration fee to enter a candidate into the H-1B lottery. If selected, additional filing fees apply.
Who pays the H-1B visa fees?
The sponsoring employer covers the government filing fees.
Who pays attorney fees?
Employers typically cover H-1B registration and petition filing attorney fees. However, employees may be responsible for dependent-related costs.
What is the H-1B premium processing fee?
Premium processing is available for $2,805, ensuring USCIS responds within 15 calendar days.
What is the LCA fee?
The Labor Condition Application (LCA) has no government filing fee. Employers must meet Department of Labor attestations. Any attorney fees for LCA preparation are separate.
What is the fraud prevention and detection fee?
This $500 fee helps ensure that H-1B petitions are legitimate and that no duplicate petitions are filed by the same employer and beneficiary.
What Happens After Receiving an H-1B Selection Notice?
When USCIS selects you in the H-1B lottery, you will receive Form I-797C, Notice of Action. This document serves as official communication from USCIS and may notify you of receipt, rejection, transfer, reopening, or even provide details regarding an upcoming appointment. If you are selected, this notice is an important step in moving forward with your petition.
Is There a Salary Requirement for the H-1B Visa?
Currently, there is no specific minimum salary requirement to qualify for an H-1B visa. To be eligible, you must hold at least a bachelor’s degree (or equivalent) and have a valid job offer from a U.S. employer in a role that requires your academic background. However, the U.S. administration has indicated plans to revise the H-1B requirements, which may include introducing a minimum salary threshold in the future.
H-1B Visa Fees for India 2025
Applicants from India are subject to the same H-1B fees as applicants from all other countries. The total cost will depend on factors such as the size of the sponsoring company and whether premium processing is requested. Fees can fluctuate based on USCIS regulations, so it is crucial to stay updated before filing.
USCIS Fee Exemptions
Certain employers may qualify for fee exemptions. For example, if a U.S. company has fewer than 50 employees and a limited number of H-1B or L-1 workers, they may not be required to pay the Public Law 114-113 fee.
Can Employers Require Foreign Workers to Pay H-1B Fees?
No. U.S. immigration law prohibits employers from shifting required H-1B fees to their foreign employees. USCIS regularly conducts site audits to ensure compliance, and auditors verify that employers—not employees—have covered all mandatory filing costs.
The only exceptions are:
- Premium processing fees (optional and can be paid by either the employer or employee)
- Consular processing visa fees (if applicable, usually covered by the beneficiary)
All other H-1B petition fees must be paid by the U.S. employer.
Filing After a Selection Notice
Once you receive a selection notice, you will generally have 90 days to submit your full H-1B cap petition. The notice specifies your exact filing window. It is critical to meet all requirements within this timeframe, which includes paying the required fees, providing supporting evidence, and submitting proper documentation. Working with experienced immigration attorneys at Green Card Link ensures your petition is filed correctly and on time.
How Green Card Link Can Help
At Green Card Link, our immigration attorneys have extensive experience handling complex H-1B petitions, including those sponsored by startups and small businesses. We provide comprehensive consultations for individuals and companies seeking guidance on employment-based immigration petitions. By partnering with immigration attorneys at Green Card Link, you gain access to knowledgeable professionals with a proven track record of success in navigating the H-1B process.