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Last Updated On: February 19, 2025 | Published On: February 17, 2025
To save time and money, it’s vital to have a clear understanding of the H-1B visa fees. Avoiding common errors requires a thorough knowledge of what fees apply, how to pay the fees, and who is responsible for paying them. Whether you’re applying for the H-1B visa in the 2025-26 visa lottery cap or as cap-exempt, or looking for an extension or transfer, understanding the costs associated is key.
Our guide covers:
The H-1B visa cost will depend on many variables like optional fees, company size, attorney fees, and employment criteria. With that said, it’s still necessary for all parties to be completely aware of the H-1B filing fees charged. Therefore, we strongly recommend having VisaNation Law Group conduct a thorough case evaluation before entering the H-1B visa lottery to ensure you meet the wage eligibility requirements, attract eligible candidates, submit your registration correctly, etc.
If you’re planning to apply for an H-1B visa, it’s important to understand the breakdown of fees associated with the application process. This will help you plan your budget accordingly and avoid any surprises along the way.
Fee
Amount
Responsible for Fee
Registration Fee
$215
Employer
Basic Filing Fee
$780$460 (for small employers and nonprofits)
Public Law 114-113 Fee
$4,000 (if 50+ employees)
Premium Processing (optional)
$2,805
Employer or Employee
USCIS Anti-Fraud Fee
$500
ACWIA Education and Training Fee
$750 (less than 25 employees)
$1,500 (more than 25 employees)
Asylum Program Fee
$600 (if 26+ employees)$300 (if 25 employees or less)$0 (for nonprofit organizations)
Attorney Fee
Variable
The costs of H-1B sponsorship for employers include:
The optional fees of H-1B sponsorship for employees include:
*If USCIS confirms your registration has been selected in the cap lottery, VisaNation attorneys can begin filing your petition for a separate legal fee of $2,600.
H-1B attorney fees differ tremendously depending on the firm. Since the stages are now tiered, only certain companies will eventually file the complete petitions. VisaNation Law Group’s legal fees are tiered as follows:
If you are interested in registering for the 2025-26 H-1B visa lottery, contact VisaNation attorneys for submitting your registration. Contact Us
If you are interested in registering for the 2025-26 H-1B visa lottery, contact VisaNation attorneys for submitting your registration.
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Example A (25 or fewer employees): A for-profit technology firm XYZ, has 20 employees and 10% of their employees are using the H-1B visa. If they file for an H-1B visa with premium processing then they need to pay the $2,805 fee, the base filing fee of $460, ACWIA fee of $750, anti-fraud fee of $500, and a $300 asylum fee. Technology firm XYZ would pay $4,815 for an H-1B petition aside from any attorney fees. Example B (25+ employees): A medical consulting firm BAC has 240 employees and 40% of their employees are employed using an H-1B visa. If they want to file for the H-1B visa with premium processing then they need to pay the $2,805 fee, the base filing fee of $780, ACWIA fee of $1,500, anti-fraud fee of $500, and a $600 asylum fee. The medical consulting firm BAC would anticipate paying $6,185 for an H-1B petition excluding attorney fees. Example C (50+ employees on an H-1B Visa) An engineering company EFG has 1,000 employees and 60% of their employees are employed using an H-1B visa. If they want to file for the H-1B visa with premium processing then they need to pay the $2,805 fee, the base filing fee of $780, ACWIA fee of $1,500, anti-fraud fee of $500, a $600 asylum fee, and a $4,000 Public Law 114-113 Fee. The engineering firm EFG would anticipate paying $10,185 for an H-1B petition excluding attorney fees.
Example A (25 or fewer employees):
A for-profit technology firm XYZ, has 20 employees and 10% of their employees are using the H-1B visa. If they file for an H-1B visa with premium processing then they need to pay the $2,805 fee, the base filing fee of $460, ACWIA fee of $750, anti-fraud fee of $500, and a $300 asylum fee. Technology firm XYZ would pay $4,815 for an H-1B petition aside from any attorney fees.
Example B (25+ employees):
A medical consulting firm BAC has 240 employees and 40% of their employees are employed using an H-1B visa. If they want to file for the H-1B visa with premium processing then they need to pay the $2,805 fee, the base filing fee of $780, ACWIA fee of $1,500, anti-fraud fee of $500, and a $600 asylum fee. The medical consulting firm BAC would anticipate paying $6,185 for an H-1B petition excluding attorney fees.
Example C (50+ employees on an H-1B Visa)
An engineering company EFG has 1,000 employees and 60% of their employees are employed using an H-1B visa. If they want to file for the H-1B visa with premium processing then they need to pay the $2,805 fee, the base filing fee of $780, ACWIA fee of $1,500, anti-fraud fee of $500, a $600 asylum fee, and a $4,000 Public Law 114-113 Fee. The engineering firm EFG would anticipate paying $10,185 for an H-1B petition excluding attorney fees.
Usually, the USCIS keeps the filing fees even if they deny your petition. However, there is an H-1B processing fee refund for the H-1B visa cost for all petitions not selected in the annual lottery. Other circumstances for a fee refund include if:
For the fiscal year 2025-26, the H-1B transfer fee can range from $460 to $780. The lower fee is for small employers and nonprofits. H-1B transfer costs include the filing fee for another I-129 petition and the optional premium processing fee. The Public Law and Anti-Fraud fees are only applicable once per beneficiary per employer. The ACWIA fee has to be paid for the first extension through the same employer but does not have to be paid for the 2nd or subsequent extension. The H-1B transfer cost for a new employer includes the Public Law and anti-fraud fees, but it is unnecessary to pay for another H-1B visa application fee.
Find out more about H-1B Cap Exempt Visas
John, an existing H-1B employee, would like to switch his employer via an H-1B transfer. His new employer, Company Zebra, is a large corporation with 5,000 employees. Company Zebra will be required to pay:
The base filing costs for an H-1B extension include:
Additional fees include:
*Note: We do not take any responsibility for the accuracy of the information posted on external websites.
Below you will find answers to the most commonly asked questions:
Sponsors will be responsible for the non-refundable $215 registration fee for entering a beneficiary into the cap. However, you will have to pay all applicable H-1B fees if selected for the cap.
The sponsor (employer) pays the H-1 B visa fees for the beneficiary’s (employee) H-1B petition.
Typically the employer will cover the registration costs of the beneficiary. However, if the beneficiary would like to add a dependent to the filing, then that cost is covered by the beneficiary.
In the past, USCIS suspended premium processing. However, it is still available for this filing season for a H-1B premium processing fee of $2,805.
The Labor Condition Application (LCA), required for all H-1B visas, does not have a requisite fee attached to it, similar to the PERM Labor Certification. Your employer must simply make the four attestations required by the Department of Labor (DOL). If you decide to hire an immigration attorney to help you get the LCA, then that would be the only fee for this form. However, there have been LCA delays when the iCert visa portal doesn’t recognize the employer or company’s FEIN Number. Typically, this happens because there hasn’t been a pre-verification before the LCA was submitted.
This fee is meant to ensure that there is only one filing between the beneficiary and petitioner to avoid any fraud in the H-1B program.
Form I-797C, Notice of Action is issued by USCIS to communicate information pertaining to receipt, rejection, transfer, reopening or an upcoming appointment should you be selected in the lottery.
There is no minimum salary that you must have to qualify for an H-1B visa. You must have at least a bachelor’s degree and a job offer from a U.S. employer that requires your degree. However, the current administration intends to implement changes to the H-1B visa requirements, including a minimum salary.
The same fees outlined above apply to nationals of India as well as applicants from other countries. Again, some fees may fluctuate depending on the size of the company and whether you opt for premium processing or not.
Depending on the amount of employees employed on an H-1B and L-1 visa within a company, they may not have to pay the Public Law 114-113 fee if they have less than 50 employees.
No, it is against U.S. legal regulations if they do so. However, be aware that site audits are common, and auditors will confirm that the employer paid their responsible fees.
Employers must pay for all H-1B fees. The only exceptions where the beneficiary can pay for fees are premium processing fees and visa fees for consular processing. Premium processing is an optional fee.
After receiving a selection notice, you have 90 days to file the complete H-1B cap petition. Your selection notice will indicate your filing window. Be sure to work with your immigration lawyer on this to meet all the registration requirements, pay the required fees, and submit the proper documentation.
VisaNation Law Group attorneys have an excellent track record of gaining approvals in complex H-1B cases, including those sponsored by startup companies. VisaNation Law Group attorneys offer extensive consultations to specific individuals and businesses looking to retain a law firm for employment-based immigration petitions as a courtesy to prospective clients.
Tags: Fees, H-1B cap, H-1B Transfer, Premium Processing