H-1B Visa Fees 2024-2025: Extension, Amendment & Transfer Cost

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 how to pay these fees and who is responsible for them. Whether you’re applying for the H-1B visa in the FY 2024-25 season or not, understanding the costs associated with H-1B transfers, premium processing, extensions, and more is critical. This post will provide you with the necessary information to ensure that you are well-informed and confident when dealing with the H-1B visa.

Important Update

USCIS has finalized the selection process for H-1B registrations for Fiscal Year 2025. Individuals who have been selected are advised to take swift action. Employers can access the official selection notice, which includes crucial instructions for both beneficiaries and themselves to ensure the timely submission of a fully prepared H-1B petition. The entire H-1B application can be submitted online or via mail to USCIS between April 1, 2024, and June 30, 2024, which marks the submission deadline.

If you were not selected this round, the good news is that there is a chance for a second round of selections later this year to accommodate additional registrations from unused H-1Bs (this is not a guarantee).

Earlier this year we alerted you about the USCIS final rule which announced some new fees that go into effect April 1, 2024. Petitions postmarked on or after April 1, 2024, must include the new fees outlined below or USCIS will not accept them. Given the time-sensitive nature of the H-1B petition process, we strongly advise all concerned parties to commence preparations without delay. Delays in initiating the H1B filing could exacerbate any unforeseen issues that may arise, potentially jeopardizing the timely submission of the petition. Our experienced H1B legal team stands ready and available to provide comprehensive assistance throughout the entirety of the H-1B petition process.

H-1B Visa Fees in 2024

The H-1B visa cost will depend on many variables like optional fees, 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.

Real H-1B Fee Example Case

Below is an example to demonstrate how the H-1B fee would apply to a technology firm:

For-profit technology firm XYZ has 20 employees and has 10% of people using the H-1B visa. If this firm is filing for the H-1B visa with premium processing than they need to pay the base fee of $460, the fraud fee of $500, plus the ACWIA fee of $750 and the H-1B premium processing fee 2024-25 if they elect for that of $2,805, as well as any applicable attorney fees. Technology firm XYZ would end up paying $4,515 for an H-1B petition aside from any attorney fees they might incur if they hire a lawyer for assistance.

Detailed H-1B Fee Breakdown

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. Below, we’ll provide a detailed breakdown of the fees you can expect to pay when applying for an H-1B visa.

Below, you will find the up-to-date outline of H-1B costs:

• Registration fee: $10 for 2024 season and $215 after 1/4/2024.
• Standard Fee: The standard H-1B filing fee is $780 for the I-129 petition and $460 for small employers and nonprofits.
• American Competitiveness and Workforce Improvement Act (ACWIA) Training Fee: For employers who have 1-25 full-time workers, the fee is $750. For employers with 26 or more full-time employees, the fee is $1,500. Some organizations are exempt including non-profits with affiliations to educational institutions and governmental research organizations.
• Fraud Prevention and Detection Fee: This $500 fee applies to new H-1B petitioners or those changing employers. USCIS requires the sponsoring employer to pay this fee.
• Public Law 114-113 Fee: This H-1B fee applies to companies with upwards of 50 employees with over half on H-1B or L-1 status. The additional fee for these companies is $4,000. However, USCIS may exempt this fee.
• Premium Processing: This service is available to those who want to expedite the H-1B visa process in a 15-day time frame for $2,805. To use this feature, you must complete form I-907. Another optional expense is if family members apply to be H-4 dependents of the applicant by filling out Form DS-160.
• Attorney Fees (vary): 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:
  • One: $300 for the initial registration process, which includes all required preliminary case analyses.
  • Two: $2,600 will be due if the case is selected in the lottery for filing, including all form/support letter preparation plus case filing within the timeframe.
  • Three: $500–$1,600 will be the cost of a Request For Evidence (RFE) response, should one later be issued on the case.

Asylum Program Fee – This is a new fee that will be assessed on all Form I-129 and I-140 petitions to help cover the costs of asylum adjudications. This fee should also help free up SCOPS and FOD resources that have been diverted from EB adjudications to asylum adjudications.

• $600 for employers with 26 or more Full-Time Employees (FTEs)
• $300 for small employers (25 FTEs or less)
• $0 for nonprofit organizations

*Only after USCIS confirms that your registration has been selected in the cap lottery will VisaNation begin filing for a separate legal fee of $2,600.

Learn about H-1B Master’s Lottery.

If you were selected in the 2024-25 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.

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How To Get a USCIS Refund for the H-1B Visa Cost

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:

• USCIS requests a form that was not necessary and asked for a fee
• The amount requested was more than the appropriate amount
• The USCIS fails to adjudicate a petition that you filed with an H-1B premium processing fee in 15 calendar days

H-1B Transfer Fee

For the fiscal year 2024-25, 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

Real H-1B Transfer Fee Example Case

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 basic filing fee of $780 for bigger companies.
• The Fraud Detection and Prevention fee is $500.
• The ACWIA fee for a company of this size would be $1,500.

H-1B Extension Fee

H-1B extension fee is from $460 to $780, depending on the size of the employer. H-1B transfer costs comprise of the filing fee for another I-129 petition and the optional premium processing fee. The Public Law and Anti-Fraud fees are applicable only once per beneficiary per employer. The fee is incurred when companies aim to extend the stay of their current H-1B employees and not when transferring employees between companies.

Real H-1B Extension Fee Example Case

An H-1B employee currently working for a small tech startup. The initial H-1B visa is nearing its expiration, and she wishes to extend her stay to continue contributing to her team’s project. The employer being a small company with fewer than 25 employees, will need to cover the costs associated with Maria’s H-1B extension:

• The basic filing fee of $460 for smaller companies.
• The Fraud Detection and Prevention fee is $500.
• The ACWIA fee for a company of this size would be $750.

*Note: We do not take any responsibility for the accuracy of the information posted on external websites.

If you were selected in the 2024-25 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.

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Frequently Asked H-1B Fees Questions

Below you will find answers to the most commonly asked questions:

Do I have to pay H-1B fees with the registration process?

Sponsors will be responsible for the non-refundable $10 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.

Will USCIS suspend premium processing again, and what is the H-1B premium processing fee?

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.

What is the LCA Filing Fee?

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.

What happens after receiving a selection notice?

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.

Is there a salary requirement for the H-1B?

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.

What are the H-1B visa fees for India 2023?

The same H-1B fees outlined above apply for 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.

Can an employer in the U.S. require a foreign employee to pay for the H-1B fees?

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.

What happens after receiving a selection notice?

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.