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 January 2024, previous proposals to increase US immigration filing fees were confirmed to come into effect from April 1, 2024. This includes increases to fees relations the H1B visa costs.

In this guide, we outline the fees payable when making an H1B application, and update on the position in relation to the fee increases.

 

H1B Visa Cost Increases 2024

A notice of proposed rulemaking, published in the Federal Register on January 4, 2023, advised of proposed increases in filing costs, among other fee-related changes, across multiple immigration application categories. These proposals were passed under a Final Rule in January 2024.

Under the new rules, H1B visa application costs are as follows:

• H1B cap registration fee to increase to $215, up from $10 with effect from 2025
• Removal of the uniform $460 Form I-129 filing fee, to be replaced with different fees for different classifications, including an H-1B fee increase to $780, from $460 with effect from April 1, 2024
• Introduction of a new $600 “Asylum Program Fee” payable by all petitioners filing Form I-129 nonimmigrant petitions and Form I-140 immigrant visa petitions with effect from April 1, 2024

 

Employers and workers applying under the H1B category in 2024 for the 2025 Fiscal Year will have to take account of the uplift in application costs.

 

H1B Visa Costs for Employers

 

The employer is responsible for paying for the following fees that make up the H1B petition application:

 

 

Electronic Registration Fee

 

The sponsor must pay the H1B electronic registration fee for each new cap-subject petition. This fee is paid when the employer submits the registration for the H1B visa lottery during the registration period. To register for the FY 2026, during the March 2025 registration window, it will cost $215 per beneficiary.

 

Basic Filing Fee

 

To file an H1B petition using the I-129 form, the cost to the employer is $780 for petitions filed on or after April 1, 2024. It is the employer’s responsibility to pay the filing fee.

 

ACWIA Fee

 

ACWIA stands for American Competitiveness and Workforce Improvement Act of 1998. The ACWIA fee varies depending on the size of the sponsoring company. For companies with 25 or fewer employees, the fee is $750. For companies with more than 25 employees, the fee is $1,500.

It is a legal requirement that this fee is paid by the employer.

Certain organizations are exempt from paying the ACWIA fee. These are:

 

• Higher education institutions
• Non-profit entity related to or affiliated with higher education institution
• Non-profit research organization
• Governmental research organization
• Primary educational institution
• Secondary educational institution
• Non-profit entity engaging in curriculum-related clinical training programs for students

 

Fraud Prevention and Detection Fee

 

The Fraud Prevention and Detection fee is $500. It is a legal requirement that this fee is paid by the employer.

Where the H1B petition is for an individual who qualifies under the Chile or Singapore Free Trade Agreement, it is not necessary to pay the Fraud Prevention and Detection fee.

 

Fee Relating to Public Law 114-113

 

This fee is paid by companies with more than 50 employees, where over half of those are employed through the H1B or L1 visa routes. The fee is $4,000 and this must be paid by the employer.

 

H1B Visa Costs for Employees

 

For the H1B visa, most of the costs are payable by the employer. The employee is only responsible for paying the fees related to obtaining their visa at their local US embassy or consulate. This also includes visa fees for any dependants also making an application.

 

H1B Premium Processing Fee

 

H1B premium processing is an optional service for a fast-tracked decision, usually within 15 days of the completed I-907 form being submitted. The fee is $2,805.

Where the H1B premium processing option is taken up, this could be paid for by either the employee or the employer. It should be discussed between the two parties to come to an agreement on who should pay.

Where the employee pays this fee, the employer must prove to the Department of Labor that the premium processing is necessary due to the employee’s personal circumstances.

 

How to Apply for an H1B Visa

 

The annual H1B visa application cycle involves a number of stages and deadlines. Both employers and employees must ensure that they adhere to the requirements of the process to maximise chances of a successful application, including paying the correct fee at the correct stage of the process.

The H1B visa cap sets a limit on the maximum number of H1B visas that are made available each year. The regular cap offers 65,000 visas, with an additional 20,000 visas for applicants holding a master’s degree. Exemption from this cap is granted to petitions made by non-profit research organisations, universities, or government institutions.

A random selection is then made from the registrations for the regular cap.

Before an H1B petition can be made, the employer must first obtain a certified Labor Condition Application (LCA), as mandated under the H1B requirements. This lays out the employer’s agreement to pay the employee a wage that is not less than that of similarly qualified workers and not more than is generally accepted locally, and to provide the employee with working conditions that will not have a detrimental effect on similarly employed workers.

There is no fee for the employer to file the LC.

Once the LCA has been certified by the Department of Labor, the employer should submit a Non Immigrant Worker Petition form I-129, accompanied by the certified LCA, to the relevant USCIS Service Center. This should be submitted when the H1B cap window opens for that year, usually at the beginning of April. This should not be more than 6 months before they intend for the H1B employee to begin work with them.

Should the petition be successful, the employee may apply for their visa through the Online Non-immigrant Visa Application system (form DS-160) and attend an interview at their local US Embassy or Consulate.

 

H1B Visa Requirements

 

There are eligibility requirements for both employees and the jobs that the employer wishes to fill.

 

Employee

 

An employee must have an offer of employment from a US employer to work in a suitable role and meet at least one of the following conditions:

• Have a US bachelor’s degree in the relevant speciality occupation, from an accredited educational institution, or an equivalent foreign degree in the specialty occupation.  In the absence of a definitive list of roles that qualify, the application must evidence that the role is eligible. Taking professional advice can help ensure you are providing adequate evidence to support your case, particularly in respect of new roles emerging in sectors such as tech.
• Hold an unrestricted state license, registration or certification which permits employment in the speciality occupation in the US state where the employment is based.
• Have qualifications, training or experience in the specialty occupation of a level equivalent to a degree and that the employee is recognised as having a suitable level of expertise.

 

The role

 

There are certain eligibility requirements for the job that must be met. At least one of the following conditions must apply:

• Minimum entry requirement is a bachelor’s degree or higher degree, or equivalent qualification and experience.
• It is usual for the related industry that a degree is required for the job, or the job must be deemed so complicated or specialised that it can only be carried out by an individual who has a degree.
• The employer requires a degree or equivalent for anyone filling the role.
• The duties involved are so complex and specialized that the knowledge level associated with a person who holds a bachelor’s or higher degree is required.

 

Need Assistance?

 

Given the highly competitive nature of the H1B visa and the effort and investment involved in applying under this visa route, taking specialist legal advice can ensure that all stages of the H1B petition process are dealt with correctly, including paying the correct fees, compiling information and communicating with the relevant authorities, so that your application has the best chance possible of a successful outcome.

For advice about an H1B application, contact us.

 

H1B Visa Costs FAQs

How much does it cost to get H-1B?

The H1B visa incurs costs such as filing fees and government fees, which on average can total around $2500.

 

What is the basic filing fee for an H1B visa petition?

The basic filing fee for an H1B visa petition is $780, which covers Form I-129, the Petition for a Nonimmigrant Worker. This fee is paid by the employer and is mandatory for all H1B visa applications. It is just one component of the total cost associated with obtaining an H1B visa.

 

Are there additional fees for the H1B visa beyond the basic filing fee?

Yes, there are several additional fees. These include the $500 Fraud Prevention and Detection Fee, the $750 or $1,500 American Competitiveness and Workforce Improvement Act (ACWIA) Fee (depending on the size of the employer), the Asylum Program Fee of $600 and the optional $2,805 Premium Processing Fee for expedited processing. Each of these fees serves a specific purpose and is generally paid by the employer.

 

What is the ACWIA fee and who is required to pay it?

The American Competitiveness and Workforce Improvement Act (ACWIA) Fee is $750 for employers with 25 or fewer employees and $1,500 for those with more than 25 employees. This fee is intended to fund U.S. worker training programs and must be paid by the employer when filing an H1B petition.

 

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

Yes, the Premium Processing Fee is $2,805. This optional fee ensures that USCIS will process the H1B petition within 15 calendar days. If USCIS fails to meet this deadline, the fee is refunded, but the petition will continue to be processed expeditiously.

 

Who is responsible for paying the H1B visa fees?

Generally, the employer is responsible for paying most of the H1B visa fees, including the basic filing fee, the Fraud Prevention and Detection Fee, the ACWIA Fee, and the Premium Processing Fee if they opt for expedited processing. However, the beneficiary (employee) might be responsible for certain ancillary costs, such as visa stamping fees at a U.S. consulate abroad.

 

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

Yes, there are costs associated with visa stamping at a US consulate. The visa application fee for H1B visa stamping is $190. Additionally, there may be a reciprocity fee, which varies by country and is based on agreements between the US and the applicant’s home country. These fees are generally paid by the applicant.

 

What is the Fraud Prevention and Detection Fee?

The Fraud Prevention and Detection Fee is $500 and is required for all initial H1B petitions and for change of employer petitions. This fee is used by USCIS to investigate and prevent fraudulent H1B visa applications and must be paid by the employer.

 

Can the H1B visa fees be refunded if the petition is denied?

H1B visa fees are generally non-refundable, even if the petition is denied. The fees cover the cost of processing the application, and once USCIS begins processing, the fees cannot be returned. However, if Premium Processing is requested and USCIS fails to process the petition within the promised 15-day period, the Premium Processing Fee of $2,500 will be refunded.

 

Are there any other costs that H1B visa applicants should be aware of?

In addition to the standard USCIS fees, applicants should be aware of other potential costs, such as costs for obtaining necessary documentation (e.g., translations, education evaluations), travel expenses for attending visa interviews at a U.S. consulate, and potential relocation expenses. While these costs can vary, they are important to consider when planning for the H1B visa application process.

 

How much do you need to make for H-1B?

The H1B general minimum wage threshold is the prevailing wage rate of $60,000 per annum. However, when the actual wage for a specific job is higher than this threshold, the worker has to be paid at least this higher amount.

 

This article does not constitute direct legal advice and is for informational purposes only.