H-1B Fees Explained: Who Pays What in 2026

Key Takeaways:

• Core USCIS filing fees apply to most H-1B cases. Employers should budget for the H-1B registration fee, Form I-129 filing fee, ACWIA training fee, fraud prevention fee, and the asylum program fee. Premium processing is optional but commonly used.
• In 2026, consular processing may significantly increase costs. In limited circumstances, a new $100,000 consular processing fee may apply when an H-1B visa is issued abroad, materially increasing the total cost of sponsorship.
• Ellis helps employers plan, budget, and stay compliant. From understanding which fees apply to managing consular risk, Ellis supports employers through every stage of H-1B sponsorship—contact Ellis to get started.

Navigating H-1B Fees: 2026 Cost & Compliance Insights

The H-1B visa allows employers to hire foreign professionals in specialty occupations that typically require a bachelor’s degree or higher. It plays an important role in the U.S. job market by helping companies fill critical skill gaps in fields such as technology, engineering, healthcare, finance, and research. Because demand for H-1B visas consistently exceeds the annual cap, the program also shapes how employers plan hiring, compensation, and long-term workforce strategy involving international talent.

Understanding the H-1B Visa and Its Fee Structure

For companies and HR teams, understanding the H-1B fee structure helps make the sponsorship process more predictable and manageable, especially as new rules continue to shape the program. Recent updates, including changes to how petitions are selected and the introduction of new fees in certain cases, mean employers need to think more carefully about cost planning from the start.

H-1B sponsorship includes several government fees that vary based on employer size, petition type, and how the visa is processed, and employers are generally responsible for paying these costs. When HR and recruiting teams understand which fees apply, they can budget more accurately, plan effective hiring timelines, and set clear expectations with candidates throughout the process.

Filing Fees for H-1B Petitions

When sponsoring an H-1B worker, employers must pay several mandatory government fees. These fees are designed to fund visa processing, fraud prevention, and workforce training programs, and most must legally be paid by the employer.

Typical H-1B Filing Fees

* Premium processing fees will increase on March 1, 2026.

Note: Fees are subject to change, and exemptions may apply for nonprofits, universities, and certain research organizations.

H-1B Registration Fee — $215 (Employer)

Employers pay this fee to enter a candidate into the annual H-1B cap selection process. The fee is required for each beneficiary submitted during the H-1B registration period and must be paid at the time of electronic submission. It applies regardless of selection outcome, though only selected registrations go on to full petition filing. 

Form I-129 Base Filing Fee — $460–$780 (Employer)

This is the core filing fee for Form I-129, the petition used to request H-1B classification.

• $780 is the standard base fee for most employers.
• $460 generally applies to smaller employers (e.g., those with 25 or fewer full-time employees) and certain nonprofits or qualifying entities.

Employers pay this fee when submitting the H-1B petition after a registration is selected. It applies to initial petitions, transfers, and extensions (though the fee component may differ based on case type). 

ACWIA Training Fee — $750 or $1,500 (Employer)

This fee funds U.S. worker training programs and applies to most for-profit employers filing initial H-1B petitions or transfers.

• $750 if the employer has 25 or fewer full-time U.S. employees.
• $1,500 if the employer has more than 25 full-time U.S. employees.

This fee generally does not apply to extensions with the same employer or to certain nonprofits, higher education institutions, and government research organizations. 

Fraud Prevention & Detection Fee — $500 (Employer)

USCIS charges this fee to support efforts to prevent fraud in the H-1B and related programs. Employers pay it with:

• Initial H-1B petitions, and
• H-1B change-of-employer petitions.

It is required per employer for each beneficiary when first petitioning or changing employers and is not generally required for extensions with the same employer.

Asylum Program Fee — $300–$600 (Employer)

This fee helps fund asylum case processing and typically applies to H-1B petitions filed through Form I-129.

• $300 for smaller employers
• $600 for larger employers

Some exempt organizations, like qualifying nonprofits, may pay reduced or zero fees. It is charged on initial petitions and can also apply with extensions, depending on employer size and petition type.

Premium Processing Fee — ~$2,805 (Optional, but highly recommended)

Premium processing is optional and allows employers (or sometimes employees, if appropriate) to request faster decision-making by USCIS. When this service is requested, USCIS guarantees a response within 15 calendar days. If this fee is not leveraged, then the case may take at least 8-12 months to process, at current timelines. This fee is typically paid when employers want a quicker adjudication due to business needs or time-sensitive start dates.

Premium processing is the only fee that may be paid by the employee, if the employer chooses and the payment does not violate wage or labor condition requirements.

Potential new $100,000 Fee — (Employer, Where Applicable)

A  newly introduced $100,000 consular processing fee may apply to new H-1B petitions filed after September 20, 2025, particularly for workers outside the U.S. or when a visa is issued through a U.S. consulate. This is a one-time additional payment required at the time of filing and does not apply to renewals or extensions of existing H-1B holders. 

USCIS and related agencies have issued guidance on how this fee will be implemented and clarified that the payment only applies to new petitions after the effective date of the rule. The policy may be subject to legal challenges or further regulatory clarification, making it important for employers to monitor updates closely when planning overseas hires.

H-1B Lottery and Petition Costs

The annual H-1B cap requires most employers to participate in the lottery system before filing a full petition. This system directly impacts hiring timelines, planning certainty, and costs.

Overview of the H-1B Lottery System

Employers and their immigration lawyers must register each candidate electronically during the annual H-1B registration window and pay the required registration fee.

In 2026, the selection process places greater emphasis on wage levels, prioritizing registrations tied to higher Department of Labor wage tiers rather than relying solely on a fully random lottery. Only selected registrations may move forward to full H-1B petition filing.

This wage-based approach means employers must consider how role level and offered wages may affect selection outcomes when planning H-1B hiring strategies.

Financial Implications of the Lottery System

Under the wage-based selection system, employers still incur upfront registration and preparation costs without a guaranteed outcome. However, selection now ties more closely to offered wage levels, which can influence both compensation strategy and overall hiring budgets. Employers may need to balance competitive wages with immigration planning when deciding which roles to sponsor through the H-1B process.

Additional H-1B Visa Expenses

Beyond government filing and consular fees, employers should plan for additional costs that support compliant sponsorship.

Additional expenses may include:

• Immigration attorney or legal service fees
• Internal HR and operations time
• Costs related to Requests for Evidence (RFEs)
• Travel or visa issuance coordination for consular processing
• Ongoing compliance monitoring and record keeping

Conclusion

H-1B sponsorship remains a critical tool for accessing global talent, but it now may come with higher and more variable costs.

Key actions for employers:

• Budget holistically for filing, legal, and consular expenses
• Monitor which fees must legally be paid by the employer
• Factor visa processing location into workforce planning
• Work with experts who track evolving fee and policy changes

Ellis helps employers stay ahead of H-1B fee changes, consular requirements, and compliance obligations. Contact Ellis to navigate global hiring with confidence.