H-1B Visa Fees: What Each Petition Costs in 2026

By Sumit Patel · Last updated October 28, 2026 · Fees from the USCIS fee schedule dated October 26, 2026

H-1B visa fees for a regular employer filing a new cap petition online total $3,545 in USCIS fees, or $6,510 with premium processing. Small employers pay $2,225 and universities about $960. The $100,000 payment is still on the fee schedule but blocked by court orders, and DHS plans to collect it if those orders are lifted.

What fees does an employer pay for an H-1B petition?

Up to eight government fees, depending on the employer's size, type and the kind of petition. The table lists each one as published in the USCIS fee schedule (Form G-1055) dated October 26, 2026.

"Small employer" means 25 or fewer full-time equivalent employees in the US, counting affiliates and subsidiaries; "nonprofit" covers 501(c)(3) organizations, schools, universities and governmental research organizations (8 CFR 106.1). The ACWIA fee is $1,500, or half that for employers with 25 or fewer full-time equivalent US employees (INA 214(c)(9)).

How much does an H-1B cost an employer?

Between about $960 and $7,545 in USCIS fees for one petition, before attorney fees and the $100,000 payment. These totals add up the published fees for common cases:

Order of fees in each sum: registration, base fee, Asylum Program Fee, ACWIA fee, fraud fee. Cap-exempt employers skip the lottery registration; see the H-1B cap-exempt employers list. Paper filing adds $50 to the base fee for regular employers. Estimate your own case with the H-1B cost calculator.

How much does H-1B premium processing cost?

$2,965, paid on top of all other fees. In return, USCIS guarantees it will act on an H-1B petition within 15 business days, or refund the premium processing fee (USCIS premium processing). Action can mean an approval, a denial or a request for evidence, so premium processing speeds up the decision but does not change the outcome.

Which fees apply to an H-1B transfer, extension or amendment?

Every petition pays the I-129 base fee and the Asylum Program Fee. The others depend on the type of petition, under the fee schedule and 8 CFR 214.2(h)(19):

The $4,000 fee applies to every petition from a covered employer since a DHS final rule took effect on September 9, 2026, except amended petitions that do not extend the worker's stay (USCIS H-1B page). More on changing jobs: how to change jobs on an H-1B visa.

What is the $100,000 H-1B payment, and is it in effect?

It is a payment required by a presidential proclamation of September 19, 2025, for certain H-1B petitions filed from September 21, 2025. A second proclamation on September 18, 2026 extended it to September 21, 2027. Two federal courts have blocked it: one vacated the implementing guidance in June 2026, and another granted a preliminary injunction on September 30, 2026. USCIS says it is complying while DHS considers next steps (USCIS H-1B page, read October 28, 2026).

Who does the $100,000 payment cover?

According to USCIS, the proclamation applies to petitions filed at or after 12:01 a.m. Eastern on September 21, 2025:

• For workers outside the United States who do not have a valid H-1B visa.
• That ask for consular notification, port-of-entry notification or pre-flight inspection for someone in the US.
• That ask for a change of status, amendment or extension, if USCIS finds the worker ineligible for it, for example because they are not in valid status or leave the US before a decision.

It does not apply to:

• Previously issued, currently valid H-1B visas, or petitions submitted before September 21, 2025.
• Petitions for workers inside the US whose change of status, amendment or extension is granted, including when they later travel and get a visa on that approval.
• Travel in and out of the US by current H-1B visa holders.

Where does the $100,000 payment stand in court?

• June 8, 2026: the US District Court for the District of Massachusetts vacated the agency guidance implementing the payment (State of California v. Mullin, 1:25-cv-13829).
• July 24, 2026: the First Circuit denied the government's request to stay that order pending appeal.
• September 18, 2026: Proclamation 11069 extended the restriction to September 21, 2027, for workers "currently outside the United States." The government reports the payment was made on over 700 petitions (Federal Register, 91 FR 60497).
• September 30, 2026: the US District Court for the Northern District of California granted in part a motion for a preliminary injunction (Global Nurse Force v. Trump, 4:25-cv-08454).
• October 9, 2026: the government appealed to the Ninth Circuit (No. 26-6667) and asked the district court to pause the case; that motion is set for hearing on January 14, 2027 (court docket).
• Now: DHS says it will comply while it considers next steps, and that it still plans to collect the payment if the orders are lifted. The fee schedule dated October 26, 2026 still lists the $100,000 line, payable through pay.gov before filing.
• August 2026: the administration proposed a new, broader levy of roughly $103,000 per sponsored worker through rulemaking, as reported by Bloomberg. A proposal is not in effect until a final rule says so.

Hiring has already shifted. Certified H-1B LCAs for new employment from December 23, 2025 to March 25, 2026 ran at 67% of the same weeks a year earlier (18,071 vs 26,951), in our analysis of DOL data. See which employers pulled back on our top H-1B sponsor companies page.

This section changes often. Check the USCIS H-1B page before relying on it for a filing decision, and ask an immigration attorney about your own case.

Can an employer make the H-1B worker pay the fees?

Not the ACWIA fee, and not through pay cuts below the required wage. The worker "may not pay, any part of" the ACWIA additional filing fee, directly or indirectly, and no deduction for it is permitted (20 CFR 655.731(c)(10)(ii)).

The employer's business expenses, including attorney fees and the cost of preparing and filing the LCA and H-1B petition, cannot be recovered through deductions that bring pay below the required wage (20 CFR 655.731(c)(9)(iii)(C)). In practice, employers pay the petition fees.

The worker usually pays their own visa application fee at the consulate and costs such as dependents' applications. Attorney fees vary widely; see the H-1B attorney cost guide.

Which employers pay less in H-1B fees?

Universities, their affiliated nonprofits, nonprofit research and government research organizations pay the lowest fees: they are exempt from the ACWIA fee (INA 214(c)(9)), pay the $460 base fee and $0 Asylum Program Fee as nonprofits, and skip the lottery. Small employers pay reduced base, asylum and ACWIA fees. The lottery registration fee is the same for everyone. For the lottery itself, see the H-1B registration fee guide.

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