H1B Visa Cost & Fees 2026

Section A: H1B Visa Costs to 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.

In addition to standard USCIS filing fees, employers also need to be aware of a separate $100,000 payment requirement introduced under a Presidential Proclamation dated September 19, 2025. This payment is not a USCIS filing fee and does not apply to all H1B petitions. It operates as a condition on visa issuance and entry for certain H1B workers who are outside the United States. It applies only to covered new filings made on or after September 21, 2025, where the beneficiary is abroad, requires consular processing, does not already hold a valid H1B visa, and no exemption applies. It does not apply to routine extensions or amendments with the same employer, or to most in-country filings.

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 and that the law places on the employer.

1. $100,000 payment on H1B petitions

From 12:01 a.m. EDT on September 21, 2025, a Presidential Proclamation restricts the entry of certain H1B nonimmigrant workers unless the sponsoring employer has made a $100,000 payment. This payment is not imposed under the Immigration and Nationality Act fee schedule and does not form part of the USCIS petition adjudication process.

The payment operates as a condition on visa issuance and entry for covered H1B workers who are outside the United States and applying for an H1B visa through consular processing. Employers are required to make the payment before visa issuance, and evidence of payment may be requested during the consular process.

The requirement does not apply to routine extensions of stay with the same employer, amendments with the same employer, or change of employer petitions where the worker is already in valid H1B status in the United States. The measure is time-limited and currently scheduled to run for twelve months unless extended. Federal guidance allows for potential case-by-case exemptions, including where national interest considerations apply, and the scope and operation of the payment remain subject to further agency guidance and legal challenge.

2. Electronic Registration Fee

The employer pays the H1B electronic registration fee for each cap-subject petition. The fee is $10 per beneficiary and 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 April 1, 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 extensions with the same employer.

Section B: H1B Visa Costs to Employees

For the H1B visa, most costs are covered by the employer. The employee is typically responsible only for fees linked to securing a visa at a US embassy or consulate abroad, rather than fees connected to the USCIS petition itself.

Where the worker applies for an H1B visa outside the United States, the primary cost is the Machine Readable Visa fee of $205. This fee is paid directly to the US Department of State as part of the visa application process and is separate from the H1B petition filed with USCIS. The MRV fee is nonrefundable, even if the visa application is refused.

Some applicants may also be subject to a reciprocity fee, depending on nationality. Reciprocity fees are set under US reciprocity schedules and vary by country. Where applicable, they are paid in addition to the MRV fee and are also nonrefundable.

Employers are not required to pay consular fees. In practice, some employers choose to reimburse these costs as part of relocation or onboarding arrangements, but this is a commercial decision rather than a legal requirement.

Dependents applying for H4 visas are also required to pay the MRV fee and any applicable reciprocity fees. These costs are paid per applicant and are not covered by the principal H1B petition.

Where the H1B petition is filed as a change of status or extension of stay within the United States, no MRV or reciprocity fee is payable because no visa application is made at a consulate. In those cases, employee-side costs are generally limited to personal expenses associated with the application process, rather than government filing fees.

Section C: H1B Premium Processing Fee

Premium processing is an optional service that allows an H1B petition to be adjudicated on an expedited basis. When premium processing is requested, USCIS commits to taking a qualifying action within 15 calendar days of receiving Form I-907 and the required fee.

A qualifying action means that USCIS will issue an approval, a denial, a Request for Evidence, or a notice of intent to deny within the 15-day period. Where USCIS issues an RFE or NOID, the 15-day clock stops and a new 15-day period begins once USCIS receives the response.

If USCIS fails to take a qualifying action within the initial 15-day period, the premium processing fee of $2,965 is refunded and the petition continues to receive expedited handling. A refund is not triggered simply because a final decision has not been reached. Issuing an RFE or NOID satisfies USCIS’s premium processing obligation and does not give rise to a refund.

Either the employer or the employee may pay the premium processing fee. Where the employee pays, it needs to be primarily for the employee’s benefit and cannot reduce the worker’s pay below the required wage stated in the Labor Condition Application. Fees that are considered employer business expenses under H1B rules remain the responsibility of the employer and cannot be passed to the employee where doing so would undercut the required wage.

Section D: How to apply for an H1B Visa

The annual cap-subject H1B application cycle follows a strict sequence of steps and deadlines. Employers and workers need to comply with each stage, including correct fee payment and timing, for a petition to be accepted and processed.

The process begins with electronic registration, which typically takes place in March. Employers are required to submit an online registration for each beneficiary during the USCIS registration window and pay the $10 registration fee per beneficiary. Where registrations exceed the annual quota, USCIS runs a random selection process.

For FY 2026 and FY 2027, the selection system is beneficiary-centric. Each individual beneficiary can be selected only once in the lottery, regardless of the number of registrations submitted on their behalf. Submitting multiple registrations for the same individual through related or affiliated entities does not increase the chances of selection and can trigger closer scrutiny by USCIS.

The annual H1B cap is set at 65,000 visas, with a further 20,000 available to applicants who hold a US master’s degree or higher. Petitions filed by qualifying nonprofit research organizations, universities, and certain government institutions are exempt from the cap.

If a registration is selected, USCIS opens a filing window for the employer to submit the full petition. This involves completing and filing Form I-129 with supporting evidence and the correct filing fees. Petitions can be filed up to six months before the intended employment start date, which for cap-subject cases is typically October 1.

Before filing 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 similarly employed workers and that employing the worker will not adversely affect the working conditions of others. There is no government filing fee for the LCA.

Once USCIS approves the petition, the next step depends on the worker’s location. Where the petition is approved for consular processing, the worker applies for an H1B visa at a US embassy or consulate abroad. This involves submitting Form DS-160, paying the applicable consular fees, and attending a visa interview. If the visa is issued, the worker can then travel to the United States to begin employment.

Where the petition is approved as a change of status or extension of stay within the United States, no visa application is required at that stage. The worker’s status changes or is extended automatically, and consular fees do not apply unless the worker later travels abroad and applies for a visa stamp.

For petitions filed on or after September 21, 2025, employers should also be aware that certain H1B workers outside the United States may be subject to an additional entry condition under a Presidential Proclamation. In covered cases, a $100,000 payment is required as a condition on visa issuance and entry. This requirement does not affect USCIS adjudication of the petition itself and does not apply to routine extensions or amendments with the same employer, or to most in-country filings.

Section E: H1B Visa Requirements

There are H1B eligibility requirements that apply both to the worker 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 to perform the role.

The worker 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 is equivalent 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 prevailing wage is the wage for the occupation in the job’s geographic area, usually sourced from the Department of Labor’s Occupational Employment Statistics or from a qualifying private wage survey. The actual wage is the 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 internal pay structure for similarly employed staff. Where the two figures differ, the higher figure applies. 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 during 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 treated as “exempt” for the limited purpose of easing additional attestations that apply to H1B-dependent employers. A worker is treated as exempt for that limited purpose if they are paid at least $60,000 or hold a US master’s degree or higher in a relevant field. That exemption does not change the required wage calculation. The Labor Condition Application still governs pay, and the higher of the prevailing wage 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, including certain filing fees, cannot be shifted to the worker if doing so would undercut the required wage. Benefits offered to the H1B worker should be provided on terms comparable to those offered to similarly situated US workers.

The role itself needs to qualify as a specialty occupation, meaning that 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 level of education and experience, is usually required for entry into the role, where the industry treats a degree as standard, where the duties are so specialized or complex that only an individual with degree-level knowledge could perform them, where the employer normally requires a degree or equivalent for the role, or where the duties demand knowledge associated with a degree holder.

Section F: Summary

The cost of sponsoring an H1B worker extends well beyond a single filing fee and varies depending on how and where the application is made. Employers are responsible for most government fees associated with the H1B petition, including the I-129 filing fee, ACWIA fee, fraud fee where applicable, the Asylum Program fee, and any additional charges triggered by workforce composition. Errors in fee calculation or payment remain a common reason for petition rejection.

From the registration stage onward, cost exposure needs to be assessed carefully. The H1B lottery now operates on a beneficiary-centric basis, and selection does not guarantee approval. Once selected, employers must manage wage compliance, Labor Condition Application requirements, and timing across petition filing and start dates.

For overseas hires, consular costs sit outside the USCIS process and are typically borne by the worker, although reimbursement is a commercial choice. Since September 2025, certain new H1B filings involving workers outside the United States may also be subject to an additional entry condition under a Presidential Proclamation, which operates separately from the USCIS fee framework.

Premium processing remains optional but comes at a significant additional cost, and its use does not remove substantive scrutiny. Taken together, H1B costs reflect both direct government charges and compliance-driven risk, making accurate planning and fee allocation central to any H1B strategy.

Section G: 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, book a fixed-fee telephone consultation for advice from our DM

Section H: H1B Visa Costs FAQs

How much does it cost to get an H1B?

The total cost of an H1B application varies by case and depends on the type of filing, the employer’s size and workforce composition, whether premium processing is used, and whether the worker is applying from inside or outside the United States. Employers are responsible for most USCIS filing fees, while employees usually pay only consular fees if a visa application is required.

What is the basic filing fee for an H1B petition?

The basic filing fee for Form I-129 is $780. A reduced fee of $460 applies to qualifying small employers and nonprofit organizations. The employer pays this fee.

Are there additional fees beyond the I-129 filing fee?

Yes. Depending on the case, employers may also need to pay the ACWIA fee, the $500 Fraud Prevention and Detection fee on initial or change of employer filings, the Asylum Program fee, and the additional $4,000 fee under Public Law 114-113 where applicable. Premium processing is optional and carries an additional fee.

What is the H1B registration fee?

The H1B electronic registration fee is $10 per beneficiary. It is paid by the employer at the time of submitting an online registration during the annual H1B lottery registration period.

What is the $100,000 H1B payment and when does it apply?

The $100,000 payment arises from a Presidential Proclamation dated September 19, 2025. It is not a USCIS filing fee and does not apply to all H1B cases. It operates as a condition on visa issuance and entry for certain H1B workers outside the United States. It applies only to covered new filings made on or after September 21, 2025, where the worker requires consular processing, does not already hold a valid H1B visa, and no exemption applies. It does not apply to routine extensions or amendments with the same employer, or to most in-country filings.

Is there a fee for premium processing of an H1B petition?

Yes. The premium processing fee for H1B petitions is $2,965 for requests filed on or after March 1, 2026. USCIS commits to taking a qualifying action within 15 calendar days. If USCIS fails to take a qualifying action within that period, the premium processing fee is refunded while the petition continues to receive expedited handling.

Who is responsible for paying H1B visa fees?

The employer pays core USCIS filing fees, including the I-129 filing fee, ACWIA fee, fraud fee where applicable, the Asylum Program fee, and the Public Law 114-113 fee where it applies. Certain fees are treated as employer business expenses and cannot be passed to the worker if doing so would reduce pay below the required wage. Employees usually pay only consular fees, such as the MRV fee, unless the employer chooses to reimburse them.

Are there costs associated with visa stamping at a US consulate?

Yes. Where a worker applies for an H1B visa at a US embassy or consulate, the Machine Readable Visa fee of $205 applies. Some nationalities are also subject to a reciprocity fee. These are Department of State fees and are separate from the USCIS petition process.

Can H1B fees be refunded if a petition is denied?

Most USCIS filing fees are nonrefundable if a petition is denied. The exception is premium processing, which is refunded only if USCIS fails to take a qualifying action within the required 15-day period. A refund is not triggered simply because a petition is denied or because a final decision takes longer following an RFE or notice of intent to deny.

Is there a minimum salary for H1B workers?

There is no universal H1B salary minimum. Employers are required to pay the higher of the prevailing wage for the role or the actual wage paid to similarly employed workers, as confirmed in the Labor Condition Application. The $60,000 figure sometimes referenced online relates only to limited ACWIA exemptions and does not override the prevailing or actual wage requirement.

Section I: Glossary

Section J: Additional resources and links