An H-1B transfer usually costs between $4,000 and $9,000 in combined government filing fees and legal costs, and the new employer pays almost all of it by law. The total can climb past $13,000 when premium processing is added or USCIS issues a Request for Evidence. A separate $100,000 surcharge introduced in September 2025 may apply to some petitions, but whether it reaches in-country transfers is still being fought over in court.
What actually lands on your bill depends on three things: the size of the new employer, whether anyone pays for expedited processing, and how complicated the specialty occupation showing turns out to be.
Government Filing Fees
USCIS collects several mandatory fees on every H-1B transfer petition, and together they form the biggest single block of cost. All of them belong to the employer.
- Form I-129 base filing fee: $780 for employers with more than 25 full-time equivalent employees; $460 for small employers (25 or fewer) and nonprofits.
- Fraud Prevention and Detection Fee: $500 on every H-1B petition involving a new or changed employer.
- ACWIA training fee: $750 for employers with 25 or fewer employees; $1,500 for larger ones. The fee funds U.S. worker training programs.
- Asylum Program Fee: $600 for employers with 26 or more full-time employees; $300 for smaller employers. Nonprofits are exempt.
The ACWIA employee count sweeps in every full-time equivalent across affiliates and subsidiaries, not just one office’s headcount. If your reported number doesn’t line up with a small-employer claim, USCIS will ask for documentation.1U.S. Citizenship and Immigration Services. USCIS Reminds Certain Employment-Based Petitioners to Submit the Correct Required Fees
A separate $4,000 fee under Public Law 114-113 hits employers with 50 or more U.S.-based employees where more than half hold H-1B or L-1 status. Most transferring employers won’t owe it. Large outsourcing and staffing firms often do.2U.S. Citizenship and Immigration Services. I-129, Petition for a Nonimmigrant Worker
Universities, nonprofit research organizations, government research organizations, K-12 schools, and nonprofits affiliated with a university pay no ACWIA fee at all. That exemption is worth $750 to $1,500 per petition and is the main reason academic transfers cost noticeably less.
Totals by Employer Size
For a straightforward transfer without premium processing:
- Small employer (25 or fewer employees): $460 + $500 + $750 + $300 = $2,010.
- Large employer (26+ employees): $780 + $500 + $1,500 + $600 = $3,380.
- Exempt nonprofit: $460 + $500 + $0 + $0 = $960.
The $215 H-1B registration fee that cap-subject petitioners pay for the lottery does not apply here. A worker who already holds H-1B status has been counted against the cap, so the new employer skips registration.3U.S. Citizenship and Immigration Services. H-1B Electronic Registration Process
The $100,000 Surcharge and Whether It Applies
A Presidential Proclamation issued in September 2025 introduced a $100,000 payment requirement for new H-1B petitions filed on or after September 21, 2025.4The White House. Restriction on Entry of Certain Nonimmigrant Workers USCIS describes it as applying to “any new H-1B visa petitions,” distinguishing them from renewals.5U.S. Citizenship and Immigration Services. H-1B FAQ
How this reaches an in-country transfer is not settled. The Proclamation’s operative text restricts “entry into the United States” and directs USCIS to restrict decisions on petitions for workers “currently outside the United States.”4The White House. Restriction on Entry of Certain Nonimmigrant Workers A typical transfer involves a worker already living and working here, which arguably falls outside that scope. But USCIS’s broader “any new H-1B petition” phrasing has generated real uncertainty.
Multiple lawsuits are pending. A federal court in Washington, D.C. upheld the surcharge in December 2025, while challenges continue in Massachusetts and California. The surcharge expires 12 months from its effective date unless extended. If you’re filing in 2026, check current USCIS guidance before submitting, because this can move quickly.
Attorney Fees
Most employers hire an immigration attorney, and legal fees for a transfer usually run between $1,500 and $3,500. Firm location, reputation, and case complexity drive the range. A software engineer moving between tech employers with clean documentation sits near the bottom; a petition that needs a heavy specialty-occupation argument or expert letters costs more.
Before the I-129 goes in, an attorney also prepares and files a new Labor Condition Application with the Department of Labor. The LCA itself carries no government fee, and the legal work for it is typically bundled into the overall attorney fee.6U.S. Department of Labor. Fact Sheet 62W – What is Portability and to Whom Does it Apply
The line item that surprises people is the Request for Evidence. If USCIS asks for more documentation, an RFE response typically adds $2,000 to $4,500 in attorney fees. RFEs are common enough that budgeting for the possibility is sensible.
Premium Processing
Standard H-1B processing currently takes roughly six to twelve months. Premium processing costs $2,965 (increased from $2,805 effective March 1, 2026) and requires USCIS to take action on the petition within 15 business days.7U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees8U.S. Citizenship and Immigration Services. How Do I Request Premium Processing
“Action” is not the same as approval. USCIS may approve, deny, or issue an RFE inside the window, and an RFE restarts the clock once you respond. Premium processing is still popular for transfers because working under portability while a case sits pending for months carries a real risk: if the petition is denied, you have to stop working for the new employer immediately, and none of the filing fees come back. Paying $2,965 to know within 15 business days functions as insurance against that outcome.
Costs for H-4 Dependents
If the worker has a spouse or children under 21 in H-4 status, those family members need Form I-539 to reflect the new petition. The fee is $470 on paper or $420 online.9U.S. Citizenship and Immigration Services. Application to Extend/Change Nonimmigrant Status A spouse and all unmarried children under 21 can go on a single I-539 as co-applicants, so the fee is paid once, not per person.10U.S. Citizenship and Immigration Services. Instructions for Application to Extend/Change Nonimmigrant Status There is no separate biometrics fee; that cost is folded into the main filing fee under the April 2024 rule.11U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule
Document-Related Costs
Foreign-language diplomas, credentials, and birth certificates need certified English translations. Immigration translation services generally charge $18 to $40 per page.
Many transfers also need a foreign credential evaluation to show that the worker’s degree equals a U.S. bachelor’s or higher. Evaluation agencies such as Educational Credential Evaluators charge between $110 and $200 depending on the report type, with a course-by-course evaluation (the one most petitions require) around $199.12Educational Credential Evaluators. U.S. Services and Fees Adding translation through the same agency costs extra.
These items are small next to filing and legal fees, but they slip past most budgets.
Who Pays What
Federal law is specific about which costs sit with the employer and which the worker can be asked to cover. Getting this wrong exposes the employer to wage violations.
Costs the Employer Must Pay
The employer is required to pay the I-129 filing fee, the Fraud Prevention and Detection Fee, the ACWIA training fee, the Public Law 114-113 fee where it applies, and the Asylum Program Fee. None of these can be passed to the worker through payroll deductions or side arrangements, whatever the employment contract says.13U.S. Department of Labor. Fact Sheet 62H – What Are the Rules Concerning Deductions From an H-1B Workers Pay
Attorney fees are the same story in practice. There is no blanket rule saying the employer must pay legal costs, but the Department of Labor treats attorney fees tied to the I-129 as a business expense, and any deduction that drops the worker’s pay below the required wage is prohibited.13U.S. Department of Labor. Fact Sheet 62H – What Are the Rules Concerning Deductions From an H-1B Workers Pay Most employers just pay rather than risk the wage claim.
Premium Processing: A Gray Area
The premium processing fee sits in an unusual middle position. DOL regulations include it among the petition-related expenses that a worker “can never be required to pay” if payment would push compensation below the required wage.13U.S. Department of Labor. Fact Sheet 62H – What Are the Rules Concerning Deductions From an H-1B Workers Pay An employee can volunteer to pay when the expedited timeline mainly benefits them, such as when the worker wants to start sooner for personal reasons. That voluntary payment has to be in writing and cannot exceed the actual cost. In most transfers, the employer pays.
Costs the Employee Typically Covers
The I-539 fee for H-4 dependents falls on the worker. Translations, credential evaluations, and similar personal document costs generally do too, though some employers absorb them during recruitment.
Fees That Do Not Apply to a Transfer
A worker moving between employers does not owe the $215 H-1B registration fee, because that fee belongs to the cap lottery and the worker is already counted against the cap. There is also no separate biometrics fee on the dependent I-539. And the ACWIA fee is waived not only for exempt employers but also on amended petitions that don’t seek an extension, and on second or subsequent extensions with the same employer — though a change-of-employer transfer always triggers it unless the new employer itself qualifies for the exemption.