H-1B Visa Fees - Budget Seniors

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USCIS.gov • White House Proclamation • Fragomen • Verified

Every USCIS filing fee, the landmark $100,000 proclamation fee, who legally must pay what, the latest premium processing costs, and the exemptions that apply — explained in plain language from official government sources.

🚨 IMPORTANT LEGAL NOTICE — READ FIRST

This guide is for general informational purposes only. H-1B immigration is an extremely complex and rapidly changing area of law. The $100,000 Presidential Proclamation fee introduced in September 2025 is subject to active litigation in multiple federal courts, with oral arguments heard as recently as February 26, 2026. Court orders could change requirements with little notice. Do not make any H-1B filing, fee payment, or employment decision based solely on this guide. Always consult a qualified immigration attorney and verify all fees at the official USCIS website (uscis.gov) before filing. This information was verified from official sources as of March 2026 but is subject to change at any time.

💡 10 Key Things to Know About H-1B Visa Fees

The H-1B visa is the primary pathway for U.S. employers to hire foreign nationals in specialty occupations — roles typically requiring at least a bachelor’s degree or equivalent. The program is capped at 85,000 new visas per year (65,000 regular cap + 20,000 for U.S. master’s degree holders). The fee structure is one of the most complex in U.S. immigration law, involving multiple mandatory government fees, employer-size variations, nonprofit exemptions, and — as of September 21, 2025 — a new $100,000 Presidential Proclamation fee that is being challenged in federal court. The total cost of a single H-1B petition for a large for-profit employer can now range from approximately $4,695 to over $100,000+ depending on circumstances.

1
How much does the initial H-1B registration cost for the lottery? $215 per beneficiary for the FY 2026 cap season and forward. This is non-refundable even if the beneficiary is not selected in the lottery.
The electronic registration fee increased from $10 to $215 starting with the FY 2026 H-1B cap season, per the April 2024 USCIS fee rule (Fragomen confirmed). Payment is made online when the employer submits registration during the USCIS registration window (typically in March). For FY 2027, the registration window opened at noon Eastern on March 4, 2026 and ran through noon Eastern on March 19, 2026, per VisaNation/Immi-USA. The fee is paid per beneficiary, meaning employers registering 100 candidates pay $21,500 in non-refundable registration fees before any petitions are filed. Only selected registrations proceed to the full petition stage.
2
What is the base Form I-129 filing fee for an H-1B petition? $780 for standard employers (26+ full-time employees). $460 for small employers with 25 or fewer full-time equivalent (FTE) employees and qualifying nonprofits.
Effective April 1, 2024, USCIS raised the H-1B Form I-129 filing fee to $780 from the previous $460 — a 70% increase — per Fragomen’s official analysis of the USCIS fee rule. Small employers (25 or fewer FTEs) and qualifying nonprofits pay the lower rate of $460. USCIS will reject petitions filed with the incorrect fee. The fee applies to all new petitions, transfers, and extensions regardless of cap-subject status. This is the base processing fee for USCIS to adjudicate the petition; additional mandatory fees are charged on top of this base.
3
What is the ACWIA training fee and how much is it? $1,500 for employers with more than 25 full-time U.S. employees. $750 for employers with 25 or fewer. This fee funds U.S. worker training programs under the American Competitiveness and Workforce Improvement Act.
The ACWIA fee contributes to U.S. worker training and education programs. It applies to most for-profit employers filing initial H-1B petitions or transfers. Per Ellis.com’s verified 2026 H-1B fee breakdown, the fee is $750 for employers with 25 or fewer full-time U.S. employees and $1,500 for those with more than 25. The fee generally does not apply to extensions with the same employer, or to nonprofits, higher education institutions, and government research organizations. This is one of the fees that employers are legally prohibited from passing to the employee.
4
What is the Fraud Prevention and Detection fee? $500 per petition. Required for all new H-1B petitions and petitions that transfer an H-1B worker to a new employer. Not required for extensions with the same employer.
The Fraud Prevention and Detection fee was introduced to support USCIS efforts to combat H-1B program fraud and abuse. Per Indiana University’s official H-1B fee page and multiple immigration law firm sources, this $500 fee applies to new petitions (including those changing the employee from F-1 or J-1 status to H-1B), new hires from overseas, new employees already in H-1B status with another employer (transfers), and cap-exempt petitions for new employees. It is not required for extensions with the same employer. The fee must always be paid by the employer.
5
What is the Asylum Program Fee and who must pay it? $600 for employers with 26 or more FTEs. $300 for small employers with 25 or fewer FTEs. $0 for nonprofit organizations. Added effective April 1, 2024.
The Asylum Program Fee was introduced by the April 2024 USCIS fee rule to help fund the processing of asylum cases. Fragomen confirmed the tiered structure: $600 for standard for-profit employers, $300 for small employers, and $0 for qualifying nonprofits. The fee applies to petitions filed on Form I-129, including H-1B petitions. VisaNation’s fee guide confirmed these amounts as current for March 2026 filings. This fee is the employer’s legal responsibility and cannot be charged to the H-1B worker.
6
What is the Public Law 114-113 fee and which employers pay it? $4,000 for companies with more than 50 employees where over 50% of staff are in H-1B or L-1 status. It is designed to discourage over-reliance on visa workers at the expense of U.S. employee hiring.
The Public Law 114-113 fee applies to employers with a total workforce exceeding 50 employees where more than half of all employees hold H-1B or L-1 visa status. Per VisaNation’s 2026 fee guide, this $4,000 fee targets primarily outsourcing firms that heavily rely on H-1B workers rather than hiring U.S. employees. Most traditional employers — including hospitals, universities, and technology companies that primarily employ U.S. workers — do not trigger this fee. The fee does not apply to extensions with the same employer. This fee was explicitly excluded for second extension requests per official guidance.
7
What is premium processing and how much does it cost? $2,965 for H-1B petitions filed on or after March 1, 2026. It guarantees a USCIS decision within 15 calendar days. Without it, standard processing can take 8–12 months.
Premium processing is an optional service allowing employers or, in some circumstances, employees to pay for expedited USCIS adjudication. VisaNation confirmed the premium processing fee increased to $2,965 effective March 1, 2026. If USCIS does not take a qualifying action within 15 calendar days, the fee is refunded while the petition continues to receive expedited handling. Per Indiana University’s official guidance, premium processing fees may be paid by the employee when the expedited service is for the employee’s personal benefit (e.g., facilitating travel). When required for business reasons, the employer must pay. Ellis.com noted that without premium processing, current standard timelines run at least 8–12 months at current backlogs.
8
What is the new $100,000 H-1B fee and does it apply to everyone? No. The $100,000 fee applies only to new H-1B petitions filed on or after September 21, 2025, for workers who are outside the U.S. and do not have a valid H-1B visa. Routine extensions with the same employer are explicitly exempt.
President Trump signed a Presidential Proclamation on September 19, 2025, taking effect September 21, requiring a $100,000 payment for new H-1B petitions for workers outside the U.S. without a valid H-1B visa, confirmed by the official USCIS.gov H-1B FAQ. The fee is paid via pay.gov before filing the petition with USCIS. A D.C. federal district court upheld the fee on December 23, 2025 (Chamber of Commerce v. DHS), but litigation continues in California and Massachusetts courts, with oral arguments in the California case heard February 26, 2026. The proclamation is scheduled to remain in force for 12 months (through approximately September 21, 2026) unless extended or struck down. National interest exceptions exist but guidance on who qualifies remains limited.
9
What fees must the employer always pay, and can any be charged to the H-1B worker? Employers are legally required to pay all USCIS filing fees for the I-129, ACWIA fee, fraud fee, and Asylum Program fee. Requiring employees to pay these fees is a Department of Labor violation with serious penalties.
The Department of Labor (DOL) enforces strict rules on H-1B fee responsibility. Per the Law Offices of Peter D. Chu and multiple immigration attorney sources, employers who require employees to pay any USCIS mandatory fees face back-wage obligations, civil monetary penalties, and potential debarment from the H-1B program. The only fee an employee may pay is premium processing — and only when used for the employee’s personal benefit rather than the employer’s business needs. The employee’s personal costs are limited to: the $205 DS-160 visa application fee at the consulate, any reciprocity fees tied to their nationality, and H-4 dependent visa fees for family members. Employers may voluntarily reimburse these, but are not required to do so.
10
What are typical total costs for an H-1B petition from start to finish? For a large for-profit employer (26+ employees, no $100K fee): approximately $3,095–$4,095 for basic filing, or $6,060 with premium processing. Add the $100,000 proclamation fee for workers requiring consular processing outside the U.S.
Adding up the standard fees for a large for-profit employer on a new cap-subject H-1B petition: $215 registration + $780 I-129 + $1,500 ACWIA + $500 fraud + $600 Asylum Program = $3,595 in mandatory government fees before premium processing. Add $2,965 for premium processing = $6,560. If the Public Law 114-113 applies (high-H-1B/L-1 employer), add $4,000 for a total of $10,560. Attorney fees (typically $1,500–$5,000+) add further cost. And if the worker requires consular processing, the $100,000 proclamation fee applies on top of all the above. Every H-1B petition is different; always verify exact applicable fees with a qualified immigration attorney.

Sources: USCIS.gov H-1B FAQ (official; $100,000 fee effective Sep 21 2025; routine extensions exempt; pay.gov payment process; national interest exception); Presidential Proclamation Sep 19 2025 (White House; fee for workers outside U.S.; 12-month term through ~Sep 21 2026); Fragomen.com USCIS Fee Rule Apr 1 2024 (I-129 $780; small employer $460; 70% increase confirmed; Asylum Program Fee $600/$300/$0; registration $215 effective FY 2026); Ellis.com H-1B Fees Feb 17 2026 (ACWIA $750/$1,500; premium processing $2,965 from Mar 1 2026; standard processing 8-12 months); DavidsonMorris h1b-visa-cost Jan 4 2026 (all fee tiers; employer legal responsibility; small employer $460); Immi-USA / VisaNation 2026 (registration $215; Public Law 114-113 $4,000; fraud fee $500; Asylum Program tiered; FY 2027 registration Mar 4-19 2026); Indiana University Indianapolis OIA H-1B fee page (fraud fee $500; premium processing; employee vs employer payment rules); Law Offices of Peter D. Chu (DOL employer fee responsibility; penalties; debarment risk)

📊 H-1B Fee Numbers at a Glance

📋 Base I-129 Filing Fee

$780

Standard I-129 fee for employers with 26+ full-time employees, effective April 1, 2024. A 70% increase from the previous $460 rate (Fragomen). Small employers (25 or fewer FTEs) and qualifying nonprofits pay $460. USCIS rejects petitions with incorrect fees.

⚠️ Proclamation Fee (Consular Cases)

$100,000

New fee per Presidential Proclamation dated September 19, 2025 for new H-1B petitions where the worker is outside the U.S. and lacks a valid H-1B visa. Upheld by D.C. federal court December 23, 2025. Litigation continues in California and Massachusetts courts as of March 2026.

⚡ Premium Processing Fee

$2,965

Optional fee for 15-calendar-day guaranteed USCIS action, increased to $2,965 effective March 1, 2026. Without premium processing, standard timelines run 8–12+ months. Refunded if USCIS misses the 15-day window. Can sometimes be paid by the employee.

💼 Annual H-1B Cap

85,000

Total new cap-subject H-1B visas available each fiscal year: 65,000 under the general cap plus 20,000 reserved for U.S. master’s degree or higher holders. Demand consistently far exceeds supply, requiring a random lottery selection process. FY 2027 lottery ran March 4–19, 2026.

Sources: Fragomen Apr 1 2024 fee rule (I-129 $780; 70% increase); USCIS.gov H-1B FAQ (Sep 21 2025; $100,000 fee); Goel & Anderson Dec 24 2025 (D.C. court upheld fee); Jackson Lewis / Global Immigration Blog Jan 8 2026 (D.C. Circuit fast-tracked appeal; oral arguments Feb 2026); Ellis.com Feb 17 2026 (premium processing $2,965 from Mar 1 2026); Gozel Law (85,000 annual cap; 65K regular + 20K master’s; FY 2027 lottery dates)

📋 Complete H-1B Fee Schedule — Verified March 2026

⚠️ Fees Change Frequently — Always Verify at USCIS.gov Before Filing

USCIS fees are subject to change through rulemaking. The $100,000 proclamation fee is subject to ongoing litigation. These figures reflect official sources as of March 2026 but may change with little notice. Always verify at uscis.gov/forms/our-fees before submitting any H-1B petition.

💼 EMPLOYER-PAID FEES (Legally Required to Be Paid by Employer)

Fee	Large Employer (26+ FTEs)	Small Employer (≤25 FTEs)	Nonprofit/University	When Required
Electronic Registration Fee	$215/beneficiary	$215/beneficiary	$215/beneficiary	Every lottery registration; non-refundable
Form I-129 Base Filing Fee	$780	$460	$460	All petitions; must be correct or rejected
ACWIA Training Fee	$1,500	$750	$0	New petitions & transfers; not extensions
Fraud Prevention & Detection Fee	$500	$500	$500	New petitions & transfers; not extensions
Asylum Program Fee	$600	$300	$0	All I-129 petitions (Apr 1 2024 onward)
Public Law 114-113 Fee	$4,000	$0	$0	50+ employees; >50% on H-1B/L-1 status
$100K Proclamation Fee	$100,000	$100,000	Likely $100,000*	New petitions for workers outside U.S. without valid H-1B visa (filed on/after Sep 21 2025) — subject to litigation*

*The $100,000 fee’s applicability to nonprofit organizations, cap-exempt employers, and specific case types remains subject to incomplete USCIS guidance and active litigation as of March 2026. Consult an immigration attorney.

👤 EMPLOYEE-PAID FEES (Worker’s Personal Responsibility)

Fee	Amount	Who Pays	When Required
DS-160 Visa Application Fee (MRV Fee)	$205 per person	Worker (employer may reimburse)	Consular visa stamp application; each time visa expires
Reciprocity Fee	Varies by nationality	Worker (employer may reimburse)	Where applicable based on country of citizenship
H-4 Dependent DS-160 Fee	$205 per dependent	Worker/dependent	Each H-4 (spouse/child under 21) applicant
Premium Processing (if for employee benefit)	$2,965	Worker (employer may require or reimburse)	Only when expedited for personal travel — not business need

💰 ESTIMATED TOTAL COSTS (Before Attorney Fees)

Scenario	Government Fees	With Premium Processing
Large for-profit employer — new cap petition, U.S.-based worker, no PL 114-113	$3,595 $215+$780+$1,500+$500+$600	$6,560
Small employer (≤25 FTEs) — new petition, U.S.-based worker	$2,425 $215+$460+$750+$500+$300	$5,390
Nonprofit / university — new petition	$1,175 $215+$460+$0+$500+$0	$4,140
Large for-profit — PL 114-113 triggered + premium	$7,595	$10,560
Large for-profit — consular processing worker (+ $100K proclamation fee)	$103,595	$106,560
Extension same employer (large, no PL 114-113)	$1,380 No registration, ACWIA, or fraud fee	$4,345

Sources: All fees verified March 2026: Fragomen Apr 1 2024 (I-129 $780/$460; Asylum $600/$300/$0); Ellis.com Feb 17 2026 (ACWIA $750/$1,500; fraud $500; premium $2,965 from Mar 1 2026; fee breakdown confirmed); VisaNation/Immi-USA 2026 (registration $215; PL 114-113 $4,000; Asylum tiers; total estimates); USCIS.gov H-1B FAQ (Sep 21 2025; $100K proclamation fee; extensions exempt; pay.gov); DavidsonMorris Jan 4 2026 (small employer $460; nonprofit $0 ACWIA; MRV $205 employee-paid; employer not required to pay MRV); Indiana University OIA (premium processing employee payment rule; fraud fee applicability); State Department travel.state.gov (MRV fee $205; DS-160 fee)

🧮 H-1B Fee Estimator — Find Your Approximate Cost

Answer three questions to see an approximate fee breakdown. This is an estimate only. Actual fees depend on your specific situation. Always verify at uscis.gov and consult an immigration attorney before filing.

💼 Employer H-1B Fee Estimator

What is the employer’s size? What type of petition is this? Does Public Law 114-113 apply? (50+ employees; more than half on H-1B/L-1)

⚠️ The $100,000 Proclamation Fee — Plain-Language Explainer

📜 What the Presidential Proclamation Requires

On September 19, 2025, President Trump signed a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” effective 12:01 a.m. Eastern on September 21, 2025. The proclamation requires a $100,000 payment for new H-1B petitions where the worker is: (1) outside the United States and does not have a valid H-1B visa, OR (2) inside the U.S. but the petition requests consular notification, port of entry notification, or pre-flight inspection. Payment is made through pay.gov before the employer files the H-1B petition with USCIS. USCIS will deny petitions without evidence of payment or a granted exception.

✅ Who Is EXEMPT From the $100,000 Fee

Routine extensions with the same employer. USCIS explicitly confirmed this exemption in official FAQ guidance. Employers renewing an existing H-1B worker’s status with the same employer do not pay the fee.
Workers with previously filed petitions. Petitions filed before September 21, 2025 at 12:01 a.m. Eastern are not subject to the fee. Valid existing H-1B visas allow continued travel and entry without paying the fee.
Change-of-status petitions (worker in U.S.). Workers inside the U.S. seeking a change of status (e.g., from F-1 student visa to H-1B) are not subject to the fee, as long as they remain in the U.S. during adjudication.
National interest exceptions. The DHS Secretary may grant waivers where the worker’s presence in the U.S. as an H-1B worker is determined to serve the national interest. Per USCIS guidance, examples include positions critical to U.S. national interests. The scope of this exception remains narrowly defined and guidance limited.

⚖️ The Litigation Status as of March 2026

December 23, 2025: U.S. District Court for D.C. (Judge Beryl A. Howell) upheld the legality of the proclamation in Chamber of Commerce v. DHS, ruling it falls within presidential authority under Section 212(f) of the Immigration and Nationality Act. The fee remains in force.
January 5, 2026: The U.S. Court of Appeals for the D.C. Circuit agreed to fast-track the appeal filed by the Chamber of Commerce and Association of American Universities, with oral arguments expedited in February 2026.
February 26, 2026: Oral arguments held in Global Nurse Force v. Trump (N.D. California) on a motion for emergency relief and class certification by a coalition of labor unions, healthcare providers, schools, and religious organizations.
Still active: State of California, et al. v. Kristi Noem, et al. (D. Massachusetts, filed December 12, 2025) — a suit by 20 U.S. states challenging the proclamation.

Sources: USCIS.gov H-1B FAQ (Sep 21 2025; exemptions confirmed; pay.gov payment; USCIS denial for non-payment); Presidential Proclamation Sep 19 2025 (White House text; national interest exception; DHS/DOS authority); American Immigration Council Oct 31 2025 (USCIS implementation guidance Oct 20 2025; change-of-status clarification; consular notification definition); Manifest Law Oct 20 2025 (USCIS clarified extension exemption; pay.gov before filing); Goel & Anderson Dec 24 2025 (D.C. court Dec 23 uphold; fee remains in force); Jackson Lewis / Global Immigration Blog Jan 8 2026 (D.C. Circuit fast-tracked; expedited briefing Jan-Jan 30; oral arguments Feb 2026); Justice Action Center Oct 3 2025 & Feb 26 2026 (coalition lawsuit; oral arguments Feb 26 2026; class certification motion); Fragomen Dec 23 2025 (Section 212(f) INA; other cases pending CA and MA); CDF Labor Law Oct 21 2025 (change-of-status workers in U.S. pay.gov exempt; tariff on labor analogy)

❓ H-1B Visa Fee Questions Answered Plainly

💡 What happens if my employer makes me pay the USCIS filing fees?

This is a serious legal violation. Under Department of Labor regulations governing H-1B sponsorship, employers are legally prohibited from requiring H-1B workers to pay any USCIS mandatory filing fees, including the I-129 base fee, ACWIA training fee, fraud prevention fee, or Asylum Program fee. If your employer requires you to pay these fees — whether by deducting them from your wages, requiring you to cut a check, or any other mechanism — your employer has violated the H-1B program rules. Consequences for employers include repayment of all illegally collected fees, civil monetary penalties, and potential debarment from sponsoring future H-1B workers. Workers who have been required to pay employer-owed fees can file a complaint with the DOL Wage and Hour Division at dol.gov or call 1-866-4USWAGE (1-866-487-9243). Attorney fees and legal representation costs may also be recoverable in some circumstances.

💡 How does the weighted H-1B lottery selection process work?

Beginning with the FY 2027 H-1B lottery (registration window: March 4–19, 2026), USCIS implemented a new “Weighted Selection Process” announced by the Department of Homeland Security on December 29, 2025. Under this system, workers are selected with probability weights based on wage level relative to the prevailing wage for their specific occupational category and work location. Higher-paid workers (those whose employers offer wages at Wage Level III or Wage Level IV — well above prevailing wage) have higher lottery selection probabilities than workers whose offered wages are at Wage Level I or II. This change is intended to prioritize “high-skilled, high-paid” foreign workers as directed by the Presidential Proclamation. Employers should factor this into their compensation strategy when deciding which candidates to register and at what salary levels, as higher-offered wages now directly increase lottery selection probability.

💡 Does the H-1B visa renew automatically and what does renewal cost?

No — the H-1B status must be renewed proactively before expiration, and the visa stamp in the passport must be renewed separately from the status. H-1B status is initially granted for up to 3 years and can typically be extended in 3-year increments, with no fixed maximum for those in an active green card process. For status extensions with the same employer, USCIS’s current requirements exclude the ACWIA fee, fraud fee, and PL 114-113 fee, making extensions significantly less expensive than new petitions. Status renewal involves filing a new I-129 with USCIS (employer files and pays). The visa stamp in the passport — required for re-entry to the U.S. after international travel — must be renewed at a U.S. consulate abroad and costs $205 per person (DS-160 fee). As of September 6, 2025, the State Department eliminated third-country visa processing, meaning H-1B holders must renew their visa stamps in their home country. VisaNation warns that appointment availability issues are leaving some H-1B holders stranded abroad.

💡 What is social media vetting and when did it begin for H-1B applicants?

Starting December 15, 2025, the U.S. State Department began requiring H-1B visa applicants — and their spouses and children applying for H-4 visas — to make their social media profiles public so consular officers can review their posts, photos, comments, connections, and biographies. Per Fisher Phillips’ immigration law analysis, H-1B applicants in India and other countries are already experiencing mass rescheduling of consular interviews as a result, with appointments being pushed to July 2026 and beyond due to the additional time required to complete the screening. This vetting requirement is separate from the fee structure but creates significant practical delays in the consular processing timeline. Employers and workers should build substantial additional lead time into timelines for any petition requiring consular processing — including those subject to the $100,000 proclamation fee.

💡 Are H-1B fees the same for workers from India, China, or any other country?

Yes — the USCIS filing fees are identical regardless of the worker’s nationality. As VisaNation’s 2026 fee guide confirmed, H-1B beneficiaries from India, China, or any other country are subject to the same fee structure. The only nationality-specific variation is the reciprocity fee for the DS-160 visa stamp process, which varies by country of citizenship and is set based on fees charged to U.S. citizens by those countries. What does differ significantly by country of origin is waiting time for a green card: workers from India and China face decades-long backlogs for employment-based green cards due to per-country caps under current immigration law, making the H-1B the long-term immigration status for many workers from these countries rather than a temporary bridge. This is a legislative issue separate from the H-1B fee structure itself.

💡 Can an H-1B holder lose their job and still stay in the United States?

H-1B status is employer-specific — it is tied to the sponsoring employer and the specific position described in the approved petition. If an H-1B worker loses their job, their authorized H-1B status ends. However, a 60-day grace period applies: workers who lose their H-1B job involuntarily have 60 days (or until their current authorized period ends, whichever is shorter) during which they can seek new employment, change to another visa status, or prepare to depart the U.S. During this grace period, a new employer can file an H-1B transfer petition, and the worker may begin employment once the petition is filed (not waiting for approval). Workers who are laid off and who face the $100,000 proclamation fee question for new filings have an additional complication: if they depart the U.S. and need a new H-1B petition, the fee may apply. Consulting an immigration attorney immediately upon job loss is the most important step.

Sources: DOL Wage and Hour Division dol.gov (H-1B employer fee responsibility enforcement; 1-866-4USWAGE); DHS Final Rule Dec 29 2025 (Weighted Selection Process FY 2027 H-1B lottery; wage level weighting); VisaNation 2026 (same fees all nationalities; DS-160 $205; third-country processing eliminated Sep 6 2025; appointment availability issues); Fisher Phillips (social media vetting Dec 15 2025; interview rescheduling India; July 2026 delays); USCIS.gov H-1B FAQ (60-day grace period for job loss; H-1B transfer portability; extension fee exemptions); DavidsonMorris Jan 4 2026 (H-4 dependent fees; employer reimbursement optional; USCIS rejection for incorrect fees)

📍 Find USCIS Offices, Immigration Attorneys & Resources Near You

Use these buttons to find USCIS field offices, immigration law firms, and nonprofit immigration legal services near you. Always consult a qualified immigration attorney for H-1B matters. All services listed require professional consultation before any legal action.

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✅ Five Steps Every H-1B Employer Should Take Right Now

Step 1: Verify all applicable fees at uscis.gov/forms/our-fees before every filing. USCIS fees change through rulemaking and presidential directive. Filing the wrong fee amount results in immediate petition rejection with no ability to recover the filing window. Verify fees independently before every individual petition, not just once per hiring season.
Step 2: Determine whether the $100,000 proclamation fee applies to your specific case before filing. The fee applies to new petitions for workers outside the U.S. without a valid H-1B visa. Extensions with the same employer are explicitly exempt. Change-of-status petitions for workers currently in the U.S. are typically not subject to the fee. Given ongoing litigation, consult an immigration attorney to assess each specific filing. Do not make this determination without legal counsel.
Step 3: Register for the H-1B lottery (when applicable) only during the official USCIS registration window. For FY 2027, the window ran March 4–19, 2026. The $215 registration fee is non-refundable regardless of lottery outcome. Under the new weighted selection process, consider salary levels when deciding which candidates to register, as higher wages increase selection probability.
Step 4: Use premium processing ($2,965 as of March 2026) when business needs require certainty. With standard processing times running 8–12 months, premium processing guarantees a USCIS action within 15 calendar days — an important tool for time-sensitive start dates. Recalculate timing for any H-1B that also requires consular processing, as social media vetting requirements are causing appointment delays of 6+ months in some countries as of early 2026.
Step 5: Never require H-1B workers to pay employer-owed USCIS fees. The ACWIA fee, I-129 base fee, fraud fee, Asylum Program fee, and PL 114-113 fee are the employer’s legal responsibility. Requiring workers to pay these fees violates DOL regulations and exposes the employer to back-wage obligations, penalties, and debarment. The only fees the employee may pay are the DS-160 consular fee, reciprocity fees, and premium processing when expedited for the employee’s personal benefit.

🚨 Three Critical H-1B Fee Mistakes to Avoid

Assuming the $100,000 proclamation fee does not apply without verifying. This fee is now in force for most new petitions for workers outside the U.S., upheld by federal court in December 2025. Assuming it does not apply to your case without consulting an immigration attorney — and potentially paying $100,000 — is an error that cannot be undone after filing. The fee must be paid via pay.gov before filing the petition.
Filing with the wrong fee amount. USCIS rejects petitions with incorrect fees immediately and without exception. There is no grace period, no opportunity to supplement the fee, and no refund of any amounts already paid in the rejection scenario. Employers using outdated fee schedules are the most common source of this error. Always verify at uscis.gov immediately before filing, not when starting the petition preparation weeks earlier.
Planning timelines without accounting for consular delays. The elimination of third-country visa processing (September 6, 2025) and the new social media vetting requirement (December 15, 2025) have created serious consular appointment backlogs. Some H-1B applicants are facing interview rescheduling to July 2026 and beyond. Any petition that requires consular processing should be planned with the assumption of potentially 6–12 months or more of consular delay. Build this into start date commitments and employment offer letters.

© BudgetSeniors.com — This guide is for general informational purposes only and does not constitute legal advice. H-1B immigration law is extremely complex and changes frequently. The information above was verified from official government sources and recognized immigration law firm publications as of March 2026. It may be out of date. Always consult a qualified immigration attorney before making any filing, payment, or employment decision related to H-1B visas. BudgetSeniors.com is not responsible for reliance on this information. USCIS.gov: uscis.gov • USCIS Contact Center: 1-800-375-5283 • DOL Wage & Hour Division: 1-866-4USWAGE (1-866-487-9243) • AILA (immigration attorneys): aila.org • National Immigrant Justice Center: immigrantjustice.org

Primary sources: USCIS.gov H-1B FAQ official page Sep 21 2025 ($100K fee; exemptions; pay.gov; extension carve-out; national interest exception; 85K annual cap); Presidential Proclamation Sep 19 2025 (White House; 12-month term; DHS Secretary waiver authority; rulemaking instructions); Fragomen.com USCIS fee rule Apr 1 2024 and Dec 23 2025 update (I-129 $780/$460; Asylum Program $600/$300/$0; registration $215 effective FY 2026 season; 70% increase confirmed); DavidsonMorris h1b-visa-cost Jan 4 2026 (all fee components; employer legal responsibility; small employer definition 25 FTEs; MRV $205 employee-paid; H-4 fees); Gozel Law 2026 H-1B guide (85K cap; 65K/20K split; FY 2027 lottery window Mar 4-19 2026; weighted selection; registration $215 non-refundable); Ellis.com H-1B Fees Feb 17 2026 (ACWIA $750/$1,500; fraud $500; Asylum tiers; premium $2,965 from Mar 1 2026; 8-12 month standard timeline; nonprofit exemptions); American Immigration Council Oct 31 2025 (USCIS implementation Oct 20; pay.gov; change-of-status workers exempt; consular notification defined); Manifest Law Oct 20 2025 (conservative interpretation: all new filings except same-employer extensions; pay before filing; valid visa carve-out); Goel & Anderson Dec 24 2025 and Fragomen Dec 23 2025 (D.C. court upheld; Section 212(f) INA authority; fee in force; other cases pending); Jackson Lewis / Global Immigration Blog Jan 8 2026 (D.C. Circuit fast-tracked Jan 5; expedited schedule; oral arguments Feb 2026); Justice Action Center Oct 3 2025 and Feb 26 2026 (coalition lawsuit; oral arguments Feb 26; class certification); Fisher Phillips (social media vetting Dec 15 2025; appointment delays India July 2026+; grace period; weighted selection DHS Dec 29 2025); VisaNation / Immi-USA 2026 (PL 114-113 $4,000; total cost estimates; India same fees; third-country processing eliminated Sep 6 2025); Indiana University Indianapolis OIA (fraud fee $500; base $460; premium employee payment rule); DOL dol.gov 1-866-4USWAGE (employer fee responsibility enforcement; penalties; debarment); State Department travel.state.gov (DS-160 $205; MRV fee)

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