There are a number of H1B visa costs and fees that will need to be covered as part of the initial H1B registration and the application filing, as well as when applying to extend H1B status or change status. Some of these costs are to be paid by the employer or sponsoring company, while others are the responsibility of the individual applicant.
The H1B visa is used by US businesses and organizations to employ foreign nationals who hold graduate level qualifications or who have sufficient knowledge and expertise to work in specialty occupations. Importantly, any H1B petition submitted with the incorrect filing fee paid will be rejected. To be granted an H1B visa, a petition will need to be filed with USCIS, and the requisite fees paid.
In this guide, we outline the fees payable when making an H1B application, and update on the position in relation to the fee increases.
Section A: H1B Visa Costs for Employers
The employer is responsible for covering a wide range of fees when filing an H1B petition. Failure to submit the correct fees will result in USCIS rejecting the petition.
From September 21, 2025, there is also a new $100,000 payment that applies only to covered new petitions, alongside the standard USCIS fees. Employers pay this amount through Treasury’s pay.gov before filing Form I-129 and include proof of payment with the petition. The payment is currently scheduled for twelve months unless extended, with potential case-by-case national interest exemptions and ongoing litigation noted. It does not apply to routine extensions or amendments with the same employer.
H1B visa fee | Amount (US $) | Who pays? |
| H1B registration fee | $215 | Employer |
| H1B visa application fee (‘MRV’) | $205 | Employee or employer |
| Form I-129 filing fee | $780 (standard) or $460 for qualifying small employers and nonprofits | Employer |
| Fraud Prevention and Detection fee | $500 | Employer |
| Public Law 114-113 fee | $4,000 (applies where the fraud fee is also payable) | Employer |
| ACWIA Education and Training fee | $750 if fewer than 25 employees $1,500 if more than 25 employees | Employer |
| Asylum Program fee (I-129 and I-140) | $600 (standard) $300 for small employers Exempt for nonprofits | Employer |
| Premium Processing (optional) | $2,805 | Employer or employee* |
| $100,000 Presidential Proclamation payment | $100,000 | Employer; applies only to covered new petitions filed on or after Sept 21, 2025) |
*The employee can pay the premium processing fee if it is primarily for their own benefit and doing so does not bring their pay below the required wage. Employers remain responsible for covering fees that are business expenses.
1. $100,000 payment on H1B petitions
From 12:01 a.m. EDT on September 21, 2025, employers filing a covered new H1B petition are required to make an additional $100,000 payment. The payment is made through Treasury’s pay.gov before filing Form I-129 and proof of payment is included with the petition. The requirement applies to new filings on or after the effective time, including petitions filed for consular notification and cases where the beneficiary is outside the United States without a valid H1B visa. It does not apply to routine extensions or amendments with the same employer. The measure is slated to run for twelve months unless extended. Federal guidance indicates potential case-by-case national interest exemptions, and there is ongoing litigation challenging the payment.
2. Electronic Registration Fee
The employer pays the H1B electronic registration fee for each new cap-subject petition. The fee is $215 per beneficiary and applies from the FY2026 cap season onward. It is payable when the employer submits the online registration during the H1B lottery registration period.
3. Basic Filing Fee
To file an H1B petition using Form I-129, the employer pays a filing fee of $780 for petitions filed on or after 1 April 2024. A reduced fee of $460 applies to qualifying small employers and nonprofits. For the reduced I-129 rate, a small employer is defined under the 2024 fee rule as having 25 or fewer full-time equivalent employees. USCIS will reject any petition filed without the correct fee.
4. ACWIA Fee
The American Competitiveness and Workforce Improvement Act fee varies according to the size of the sponsoring company.
- $750 for employers with 25 or fewer employees
- $1,500 for employers with more than 25 employees
The employer pays this fee. Exemptions apply to certain organizations, including higher education institutions, nonprofit entities related to or affiliated with a higher education institution, nonprofit and governmental research organizations, primary and secondary educational institutions, and nonprofit entities engaging in curriculum-related clinical training programs for students.
5. Fraud Prevention and Detection Fee
The Fraud Prevention and Detection fee is $500 and is paid by the employer. It applies to initial H1B petitions and to change of employer petitions. It does not apply to extensions with the same employer. Petitions filed under the Chile or Singapore Free Trade Agreements are exempt from this fee.
6. Fee Relating to Public Law 114-113
Employers with 50 or more US employees where more than half of those employees hold H1B or L1 status pay an additional $4,000 fee when the fraud fee is also payable. In practice, the fee is due on initial and change of employer filings that trigger the fraud fee. It is not due on straightforward extensions with the same employer that do not trigger the fraud fee.
Section B: H1B Visa Costs for Employees
For the H1B visa, most costs are covered by the employer. The employee is typically responsible only for fees linked to securing the visa at a US consulate or embassy abroad, which includes the Machine Readable Visa (MRV) fee of $205, which is paid directly to the US Department of State. The MRV fee is nonrefundable, even if the visa application is refused.
Some applicants may also be subject to a reciprocity fee, which varies by nationality under US reciprocity schedules.
Employers are not required to pay consular fees, though some choose to reimburse them.
Dependents applying for H4 visas also pay the MRV fee and any applicable reciprocity fees.
Section C: H1B Premium Processing Fee
Premium processing is an optional service that expedites adjudication of an H1B petition. USCIS issues a decision, approval, denial, RFE, or notice of intent to deny within 15 calendar days of receiving Form I-907 and the fee. If USCIS does not act within 15 days, the premium processing fee of $2,805 is refunded and the case continues to receive expedited handling. When USCIS issues an RFE or NOID, the 15-day clock stops and a new 15-day period starts when USCIS receives the response.
Either the employer or the employee may pay the premium processing fee. If the employee pays, it needs to be primarily for the employee’s benefit and cannot reduce the worker’s pay below the required wage. Employers remain responsible for business expenses associated with the petition, including fees that the law requires the employer to cover.
Section D: How to apply for an H1B Visa
The annual cap-subject H1B application cycle follows a strict order of steps and deadlines. Both employers and employees are required to comply with each stage, including the correct payment of fees, to ensure that the petition is accepted for processing.
The process begins with the electronic registration, which typically takes place in March. Employers are required to register during the USCIS registration window and pay the $215 registration fee for each beneficiary. Where registrations exceed the annual quota, USCIS runs a random lottery. The annual H1B cap is set at 65,000 visas with a further 20,000 available to applicants holding a US master’s degree or higher. Petitions filed by qualifying nonprofit research organizations, universities, or government institutions are exempt from the cap.
If the registration is selected, the employer then files the full petition with USCIS. This involves completing and submitting Form I-129 with the required supporting documentation and the correct filing fees. USCIS opens the petition filing window, usually from early April, and petitions can be submitted up to six months before the intended employment start date.
Before submitting the petition, the employer is required to obtain a certified Labor Condition Application (LCA) from the Department of Labor. The LCA confirms that the H1B worker will be paid the higher of the prevailing wage or the actual wage for similar employees, and that employing the worker will not adversely affect the working conditions of others. There is no fee to file the LCA.
Once USCIS approves the petition, the employee applies for the H1B visa at a US embassy or consulate abroad. This requires submitting the Form DS-160, paying the MRV fee, and attending a visa interview. If successful, the employee receives the visa stamp in their passport and may travel to the United States to begin work.
Section E: H1B Visa Requirements
There are eligibility requirements that apply both to the employee and to the role being sponsored. The petition needs to demonstrate that the position qualifies as a specialty occupation and that the worker has the appropriate qualifications or experience.
The employee needs a bona fide offer of employment from a US employer and must qualify in one of three ways. You qualify if you hold a US bachelor’s degree or higher in the relevant specialty occupation or an equivalent foreign degree. You also qualify if you hold an unrestricted state license, registration or certification that authorizes you to work in the specialty occupation in the state where the job is based. A third pathway is a combination of education, specialized training and professional experience that equates to a degree and is recognized as sufficient to perform the specialty occupation duties. Where there is no definitive list of qualifying roles, the petition should evidence why the position meets the specialty occupation criteria.
Employers are required to pay the higher of the prevailing wage for the occupation or the actual wage paid to similarly employed workers. The first is the prevailing wage for the occupation in the job’s geographic area, usually sourced from the Department of Labor’s Occupational Employment Statistics or a qualifying private survey. The second is the actual wage the employer pays to other workers with similar experience and qualifications who perform the same duties.
The prevailing wage is tied to the specific role, location and seniority level. It is set against the role’s SOC code and a wage level that reflects the position’s duties and required experience. The actual wage is determined by the employer’s pay scale for similarly employed staff. Where the two numbers differ, the higher number is the floor. The employer is required to state and attest to this in the Labor Condition Application, and to pay that rate from the start of H1B employment, including any nonproductive periods that are attributable to the employer.
The $60,000 figure often seen online is not a general H1B salary minimum. It appears only in ACWIA rules that define when an H1B worker is “exempt” for the limited purpose of easing extra attestations on H1B-dependent employers. An employee is “exempt” if they are paid at least $60,000 or hold a US master’s or higher in a relevant field. That exemption does not change the required wage calculation. The LCA still governs pay and the higher of the prevailing or actual wage still applies.
Deductions that would take pay below the required wage are restricted. Business costs that the law places on the employer, such as certain filing fees, cannot be shifted to the employee if doing so would undercut the required wage. Benefits provided to the H1B worker should be on par with those offered to similarly situated US workers.
The role itself needs to qualify as a specialty occupation, meaning a degree or equivalent is normally the minimum entry requirement. A position will meet this standard where a bachelor’s degree or higher, or an equivalent qualification and experience, is the usual requirement, where the industry treats a degree as standard or the duties are so specialized or complex that only an individual with a degree could perform them, where the employer requires a degree or equivalent for the role, or where the duties demand the knowledge level associated with a degree holder.
Section F: Need Assistance?
Given the highly competitive nature of the H1B route and the cost exposure now including a potential $100,000 payment for covered new filings from September 21, 2025, getting experienced legal input helps avoid rejected filings for fee errors or missing pay.gov proof. Support also helps with LCA strategy, prevailing wage selection, fee allocation rules, and timing across registration, petition filing and, where relevant, consular processing. If you need case-specific guidance on fees, eligibility or filing timelines, contact us.
Section G: H1B Visa Costs FAQs
How much does it cost to get an H1B?
The H1B process involves multiple government fees that vary by case. Typical mandatory items include the I-129 filing fee, ACWIA fee, fraud fee where applicable, the Asylum Program fee, and optional premium processing. For covered new petitions filed on or after September 21, 2025, a $100,000 Presidential Proclamation payment is also required, paid by the employer via pay.gov before filing.
What is the basic filing fee for an H1B petition?
The basic filing fee for Form I-129 is $780, or $460 for qualifying small employers and nonprofits. The employer pays this fee.
Are there additional fees for the H1B beyond the basic filing fee?
Employers also pay the $500 fraud fee on initial and change of employer filings, the ACWIA fee of $750 or $1,500 depending on company size, and the Asylum Program fee of $600, or $300 for small employers, with nonprofits exempt. Premium processing, if used, is $2,805. For covered new petitions filed on or after September 21, 2025, the employer pays an additional $100,000 via pay.gov before filing.
What is the $100,000 H1B payment and when does it apply?
From 12:01 a.m. EDT on September 21, 2025, certain new H1B petitions require a $100,000 payment in addition to standard USCIS fees. Employers pay through Treasury’s pay.gov before filing and include proof with the petition. It applies to covered new filings, including consular notification cases and cases where the beneficiary is outside the United States without a valid H1B visa. It does not apply to routine extensions or amendments with the same employer. The measure is scheduled for twelve months unless extended, with potential case-by-case national interest exemptions.
What is the ACWIA fee and who pays it?
The American Competitiveness and Workforce Improvement Act fee is $750 for employers with 25 or fewer employees and $1,500 for employers with more than 25 employees. The employer pays it. Exemptions apply to certain institutions and nonprofit research entities.
Is there a fee for premium processing of an H1B petition?
Premium processing is $2,805. USCIS issues a decision, RFE, or NOID within 15 calendar days or refunds the fee while continuing expedited handling. Either party can pay, but if the employee pays it needs to be primarily for their benefit and cannot reduce pay below the required wage.
Who is responsible for paying H1B visa fees?
The employer pays core USCIS fees such as the filing, ACWIA, fraud, and Asylum Program fees, and pays the Public Law 114-113 fee where it applies. For covered new filings from September 21, 2025, the employer also pays the $100,000 via pay.gov before filing. The employee usually pays consular MRV and any reciprocity fees. Premium processing can be paid by either party depending on circumstances.
Are there costs associated with visa stamping at a US consulate?
The Machine Readable Visa fee is $205, payable to the US Department of State. Some applicants pay an additional reciprocity fee, which varies by nationality. These are typically paid by the applicant, though some employers reimburse them.
What is the Fraud Prevention and Detection fee?
The fraud fee is $500. It is paid by the employer on initial H1B petitions and change of employer filings. It does not apply to extensions with the same employer. Petitions filed under the Chile or Singapore H1B1 categories are exempt.
Can H1B fees be refunded if a petition is denied?
USCIS fees are generally nonrefundable if a petition is denied. The exception is premium processing. If USCIS does not act within 15 calendar days, the premium fee is refunded and the case continues to receive expedited handling.
Is there a minimum salary for H1B workers?
There is no universal H1B salary floor. Employers are required to pay the higher of the prevailing wage or the actual wage paid to similarly employed workers, as confirmed in the Labor Condition Application. The $60,000 figure is not a general H1B minimum salary and relates only to certain ACWIA attestations for H1B-dependent employers.
Section H: Glossary
| Term | Definition |
|---|---|
| H1B Visa | A nonimmigrant visa that allows US employers to hire foreign workers in specialty occupations requiring theoretical or technical expertise. |
| Filing Fee | The mandatory USCIS fee for processing an H1B petition, paid with Form I-129. |
| Premium Processing | An optional USCIS service that provides a decision on certain petitions, including H1B, within 15 calendar days for an additional fee. |
| Fraud Prevention and Detection Fee | A $500 fee paid by the employer on initial and change of employer H1B petitions, used by USCIS to investigate and prevent fraudulent applications. |
| ACWIA Fee | A fee of $750 or $1,500 depending on employer size, paid by the employer to fund US worker training and education programs. Certain institutions and nonprofit research entities are exempt. |
| Public Law 114-113 Fee | An additional $4,000 fee for employers with 50 or more US employees where more than half are in H1B or L1 status. Payable when the fraud fee is also required. |
| Asylum Program Fee | A fee paid with I-129 and I-140 filings that helps fund USCIS’s asylum operations. The standard amount is $600, reduced to $300 for small employers, with nonprofits exempt. |
| $100,000 Presidential Proclamation Payment | An additional payment required on covered new H1B petitions filed on or after 12:01 a.m. EDT on September 21, 2025. Employers pay via Treasury’s pay.gov before filing and include proof with the petition. Not required for routine extensions or amendments with the same employer. |
| USCIS | United States Citizenship and Immigration Services, the agency responsible for processing H1B petitions. |
| LCA (Labor Condition Application) | A document certified by the Department of Labor confirming wage and working condition protections for H1B workers, required before filing Form I-129. |
| Attorney Fees | Legal costs charged by an immigration attorney for preparing and filing an H1B petition. These are separate from USCIS fees. |
| Reciprocity Fee | A fee charged by the US Department of State in addition to the $205 MRV fee. It applies to certain nationalities based on reciprocity schedules. |
| Dependent Fee | Costs associated with applying for H4 visas for dependents of an H1B worker, including MRV and any reciprocity fees. |
| Employer Sponsorship | The process by which a US employer files an H1B petition on behalf of a foreign worker, covering most mandatory USCIS fees. |
| Consular Processing | The procedure for an H1B applicant to apply for a visa stamp at a US embassy or consulate abroad after USCIS approval of the petition. |
| Transfer | A change of employer petition for an H1B worker. Standard USCIS filing fees apply, and the fraud fee and PL 114-113 fee may also be required. |
| Extension of Stay | The process of extending H1B status with the same employer, which involves paying USCIS filing fees but does not trigger the fraud fee or PL 114-113 fee. |
| Cap-Exempt Employer | Employers such as universities and nonprofit research organizations that are exempt from the H1B annual quota. These employers may also be exempt from certain fees. |
| US Department of State | The federal agency responsible for issuing H1B visas at consulates and embassies abroad. |
| Form I-907 | The form used to request premium processing for eligible petitions, including H1B. |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.