H-1B Visa Cost in 2026: What Employers Pay, What Workers Pay, and the Total Cost of the Full Process

The H-1B visa is the primary pathway for US employers to sponsor foreign workers in specialty occupations requiring at least a bachelor's degree or equivalent. The costs involved in the process are substantially higher than most people expect, especially when attorney fees are included. Understanding the full cost picture, who is legally required to pay each fee, and what happens if an employer tries to pass required costs to the worker is essential information for both sides of the sponsorship relationship.

The USCIS Filing Fees Every H-1B Petition Requires

Every H-1B petition requires a base filing fee paid to USCIS of $730 for employers with up to 25 full-time equivalent employees and $730 for larger employers as well, though the fee structure has been revised periodically and the current fee schedule should always be confirmed directly with USCIS or through an immigration attorney before filing. USCIS significantly increased fees in April 2024, and the new schedule reflects substantial increases across most petition types.

The American Competitiveness and Workforce Improvement Act fee, commonly called the ACWIA training fee, applies to most H-1B petitions. Employers with 25 or fewer full-time employees pay $750. Employers with more than 25 full-time employees pay $1,500. Certain nonprofit and educational institutions are exempt from this fee. The fee supports workforce training programs for US workers.

The Fraud Prevention and Detection fee of $500 applies to all initial H-1B petitions and H-1B transfers to new employers. It does not apply to extensions with the same employer. This fee funds USCIS efforts to detect fraudulent petition filings.

Employers with 50 or more employees where more than 50 percent of employees are in H-1B or L-1 status must pay an additional $4,000 fee per H-1B petition. This provision was added to discourage what critics characterized as outsourcing companies that primarily bring foreign workers to the United States. Most traditional employers are not subject to this additional fee.

Premium Processing

Standard H-1B processing currently takes several months. USCIS offers premium processing for an additional fee that guarantees a decision or a request for evidence within 15 business days. The premium processing fee is $2,805 as of 2024. When project timelines are tight or a worker needs to start by a specific date, premium processing is often worth the additional cost.

Premium processing does not guarantee approval. It guarantees a decision within the timeframe, which may be an approval, a denial, or a Request for Evidence requiring additional documentation. An RFE restarts the clock for premium processing purposes.

Who Is Required to Pay These Fees

Federal regulations are clear that employers must pay the filing fees associated with an H-1B petition. The employer cannot require the worker to pay the base filing fee, the ACWIA fee, or the Fraud Prevention fee. Requiring workers to pay these fees out of pocket, or deducting them from wages, would bring the worker's effective pay below required wage levels and violates Department of Labor regulations.

The premium processing fee is more flexible. Employers and workers may agree that the worker pays premium processing if the expedited timeline benefits the worker rather than the employer. For example, if the employer is willing to wait for standard processing but the worker wants to start sooner, the worker may lawfully pay the premium processing fee. When the expedited timeline benefits the employer, the employer should cover it.

State laws add further restrictions. California, for example, prohibits employers from deducting H-1B filing fees from workers' wages under any circumstances. Workers who have had fees improperly deducted can file Department of Labor wage complaints to recover them.

Attorney Fees

H-1B petitions require significant documentation: Labor Condition Applications filed with the Department of Labor, evidence of the specialty occupation, proof of the worker's qualifications, wage documentation, and detailed employer attestations. Most employers and workers use immigration attorneys, whose fees add substantially to the total cost.

Attorney fees for a straightforward H-1B initial petition typically range from $2,000 to $5,000 at full-service immigration law firms. Complex cases involving unusual occupations, RFE responses, or premium processing strategies can cost more. Some firms charge separately for the Labor Condition Application, the petition preparation, and any RFE responses. Getting a clear fee agreement before engaging an attorney avoids surprises.

The employer generally covers attorney fees for the petition itself. Workers may choose to hire their own attorney to review the petition and protect their interests independently of the employer's attorney, and that cost is typically the worker's responsibility.

The Lottery and Initial Registration Fee

Congress has capped new H-1B visas at 65,000 per year for cap-subject employers, with an additional 20,000 slots available for workers with US master's degrees. Demand consistently exceeds supply, so USCIS conducts an annual lottery. Employers who want to sponsor new H-1B workers must register in the lottery for each intended beneficiary before the registration period closes, typically in March each year.

The registration fee is $215 per beneficiary. This is paid regardless of whether the registration is selected. Only selected registrations proceed to the full petition stage. Workers at universities, nonprofits attached to universities, and government research organizations are cap-exempt and may file at any time without lottery selection.

Total Cost Estimate

Adding up the typical costs for a cap-subject initial H-1B petition at a medium to large employer: the base filing fee, ACWIA fee, fraud prevention fee, lottery registration, attorney fees for preparation, and premium processing if selected produces a total commonly in the range of $6,000 to $10,000 per petition. Larger companies with outsourcing-heavy workforces add the additional $4,000 surcharge.

Extensions are less expensive because they do not require lottery registration and do not include the fraud prevention fee. A straightforward H-1B extension with attorney fees typically costs $3,000 to $5,000 depending on whether premium processing is used.

Use our immigration fee calculator to look up current USCIS filing fees for H-1B petitions, green card applications, and other immigration filings based on the 2026 fee schedule.