A standard employer filing an H-1B petition in 2026 owes at least $3,595 in mandatory government fees before attorney costs or optional premium processing. That baseline covers five separate payments: a $215 registration fee, a $780 base filing fee for Form I-129, a $600 asylum program fee, a $1,500 ACWIA training fee, and a $500 fraud prevention and detection fee. Small employers and nonprofits pay less on several of these lines. Two large surcharges can apply on top: a $4,000 fee for H-1B dependent employers and a $100,000 charge under a September 2025 Presidential Proclamation for petitions covering workers entering from abroad. The H-1B fee requirements for employers hinge on employer size, nonprofit status, whether the petition is initial or an extension, and where the worker is physically located.
The $215 Registration Fee
Every prospective H-1B beneficiary must first be entered in the annual electronic lottery. The fee is $215 per beneficiary, paid through the registrant’s USCIS online account.1U.S. Citizenship and Immigration Services. H-1B Electronic Registration Process It jumped from $10 under the April 2024 fee overhaul.
The $215 is non-refundable. If the candidate is not selected, the employer does not recover the payment and cannot transfer the registration to a different worker.
The Base Filing Fee for Form I-129
A selected candidate triggers Form I-129, Petition for a Nonimmigrant Worker.2U.S. Citizenship and Immigration Services. I-129, Petition for a Nonimmigrant Worker The base fee splits by employer size:
- Standard employers with 26 or more full-time equivalent employees pay $780.
- Small employers with 25 or fewer FTEs, and nonprofits, pay $460.
These amounts are set by regulation.3eCFR. 8 CFR 106.2 – Fees A petition filed with the wrong base amount is rejected outright.
The Asylum Program Fee
Every H-1B petition also carries a separate asylum program fee, introduced in the 2024 overhaul:4eCFR. 8 CFR 106.2 – Fees
- Standard employers (26 or more employees): $600.
- Small employers (25 or fewer employees): $300.
- Nonprofits: $0.
The fee applies regardless of the worker’s qualifications or salary. There is no waiver for standard or small employers.
The ACWIA Training Fee
Federal law requires most H-1B petitioners to pay a training fee under the American Competitiveness and Workforce Improvement Act:5Office of the Law Revision Counsel. 8 USC 1184 – Admission of Nonimmigrants
- Employers with 25 or fewer FTEs: $750.
- Employers with 26 or more FTEs: $1,500.
Institutions of higher education, nonprofit research organizations affiliated with universities, and government research organizations are exempt entirely. For everyone else, ACWIA applies to both initial petitions and extensions.
The $500 Fraud Prevention Fee
A $500 fraud prevention and detection fee applies when an employer files an H-1B petition to grant initial status or to authorize an H-1B worker to change employers.5Office of the Law Revision Counsel. 8 USC 1184 – Admission of Nonimmigrants It does not apply to extensions where the same employer keeps the same worker in status, and it does not apply to dependents. The amount is set by statute, does not vary by employer size, and cannot be waived.
The $100,000 Presidential Proclamation Charge
A Presidential Proclamation issued on September 19, 2025, restricts entry of H-1B specialty occupation workers unless the petition is accompanied by a $100,000 payment.6The White House. Restriction on Entry of Certain Nonimmigrant Workers The restriction took effect on September 21, 2025 and runs for 12 months unless extended.
It targets petitions for workers currently outside the United States who need to enter on an H-1B visa. Workers already in the country changing status or extending stay with the same employer are not subject to the entry restriction. The Secretary of Homeland Security has discretion to exempt specific individuals, companies, or industries where hiring is determined to be in the national interest. A legal challenge was filed, and the U.S. District Court for the District of Columbia upheld the fee. For employers recruiting internationally during the spring 2026 filing season, this single payment dwarfs every other fee combined.
The $4,000 Dependent-Employer Fee
Employers that rely heavily on H-1B and L-1 workers owe an extra $4,000 per petition when all three conditions are met:7U.S. Citizenship and Immigration Services. Fee Increase for Certain H-1B and L-1 Petitions
- The employer has 50 or more U.S. employees, counting both full-time and part-time.
- More than half of those employees hold H-1B, L-1A, or L-1B status.
- The petition seeks initial H-1B status or authorization to change employers.
Extensions filed by the same employer for the same worker are not covered. The provision was enacted under Public Law 114-113 and remains in effect through September 30, 2027.
Optional Premium Processing
Employers who want a faster adjudication can file Form I-907, Request for Premium Processing Service. USCIS guarantees an adjudicative action within 15 business days on the underlying Form I-129.8U.S. Citizenship and Immigration Services. How Do I Request Premium Processing That action can be an approval, a denial, a request for evidence, or a notice of intent to deny. Speed is guaranteed; outcome is not.
Effective March 1, 2026, the premium processing fee for an H-1B petition is $2,965.9U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees Any Form I-907 postmarked on or after that date must carry the updated amount.
Totals by Employer Type
The combined mandatory fees for an initial H-1B petition, excluding attorney costs and premium processing:
- Standard employer, 26 or more employees: $215 + $780 + $600 + $1,500 + $500 = $3,595.
- Small employer, 25 or fewer employees: $215 + $460 + $300 + $750 + $500 = $2,225.
- Nonprofit (non-university, non-research): $215 + $460 + $0 + $750 + $500 = $1,925.
Add $2,965 for premium processing. Add $4,000 if the employer meets the dependent-employer threshold. Add $100,000 for a worker entering from abroad under the current proclamation. A dependent employer hiring from overseas with premium processing can face more than $110,000 in government fees on a single petition.
Employers Pay, Not Workers
Federal law bars employers from passing most of these charges to the worker. The ACWIA training fee cannot be charged to the H-1B employee under any circumstances, whether as a direct payment, payroll deduction, or reimbursement disguised as liquidated damages.10U.S. Department of Labor. H-1B Labor Condition Application The same absolute prohibition applies to the $500 fraud prevention fee.11U.S. Department of Labor. Fact Sheet 62H – What Are the Rules Concerning Deductions From an H-1B Workers Pay
Beyond those two outright bans, no filing-related expense can be deducted from an H-1B worker’s paycheck if the deduction would push compensation below the required wage rate. That covers the I-129 fee, premium processing, petition-related attorney fees, and Labor Condition Application costs.11U.S. Department of Labor. Fact Sheet 62H – What Are the Rules Concerning Deductions From an H-1B Workers Pay Violations can result in penalties of $1,000 per occurrence plus an order to repay the worker.
Getting Employer Size and Nonprofit Status Right
Several fees turn on whether the employer qualifies as “small” (25 or fewer FTEs) or as a nonprofit, and USCIS rejects petitions filed with the wrong tier.
The FTE count covers all full-time equivalent employees in the United States across affiliates and subsidiaries. If a petitioner claims the small-employer rate but shows a higher headcount on the petition, USCIS will require documentation demonstrating the FTE math. If the count cannot be verified, the petition is rejected.12U.S. Citizenship and Immigration Services. USCIS Reminds Certain Employment-Based Petitioners to Submit the Correct Required Fees
Nonprofit status for fee purposes is broader than 501(c)(3). Institutions of higher education, nonprofits related to or affiliated with a university, and government research organizations also qualify for reduced or waived fees. The Form I-129 instructions define which entities meet the threshold, and petitioners must indicate their status on the form itself.
How to Pay
USCIS overhauled its payment system in October 2025 and no longer accepts personal checks, business checks, money orders, or cashier’s checks for paper-filed petitions unless the filer qualifies for a specific exemption.13U.S. Citizenship and Immigration Services. USCIS to Modernize Fee Payments with Electronic Funds Paper filers now pay by credit, debit, or prepaid card using Form G-1450, or by ACH bank transfer using Form G-1650. The card must be issued by a U.S. bank.14U.S. Citizenship and Immigration Services. G-1450, Authorization for Credit Card Transactions
USCIS recommends paying each fee separately rather than combining them.15U.S. Citizenship and Immigration Services. Filing Fees For a typical H-1B package that means separate authorizations for the base fee, the asylum program fee, the ACWIA fee, and the fraud detection fee. Petitions filed online handle payment through the USCIS account portal.
What Happens When a Payment Is Wrong
USCIS rejects any petition that arrives without the correct fee amount. There is no grace period and no chance to correct it before rejection.16U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 1 Part B Chapter 3 – Fees Declined credit card payments are not retried. ACH payments returned for insufficient funds are resubmitted once; a second failure can lead to rejection or denial.
The stakes rise if the problem surfaces after processing has begun. If a payment is found to be unfunded after approval, USCIS can revoke the approval through a Notice of Intent to Revoke, which puts the worker’s status in jeopardy and forces the employer to start over. Verifying every payment authorization before filing is the cheapest step in the entire process.