The Journey / Getting here
What an H-1B costs, and who pays
Every government fee for an H-1B in 2026, which ones the law says your employer must pay, and where the $100,000 fee stands.
An H-1B involves several separate government fees. The rules on who pays matter: Department of Labor regulations say the employer may not pass its business costs to you if that would drop your pay below the required wage.
Government fees in 2026
| Fee | Amount | Who pays |
|---|---|---|
| Lottery registration | $215 | Employer |
| Form I-129 petition | $780 (employers with 26+ staff) or $460 (25 or fewer, or nonprofit) | Employer |
| Asylum Program Fee | $600 (large), $300 (small), $0 (nonprofit) | Employer |
| ACWIA training fee | $1,500 (26+ staff) or $750 (25 or fewer); exempt for some employers such as universities | Employer, by law |
| Fraud prevention and detection fee | $500 (new petitions and change of employer) | Employer, by law |
| Public Law 114-113 fee | $4,000 if the company has 50+ US staff and more than half are on H-1B or L-1 | Employer |
| Premium processing (optional) | $2,965 since March 1, 2026 | Either; if it’s for your personal benefit you may pay |
| Visa stamping (MRV) fee at a consulate | $205 | Usually you |
Extensions with the same employer skip the registration and fraud fees. Legal fees for preparing the petition are an employer cost too.
The $100,000 fee
A presidential proclamation of September 19, 2025 required a $100,000 payment for certain new H-1B petitions, mainly for workers outside the US. A federal court in Massachusetts vacated the policy on June 8, 2026, and the appeals court declined to pause that ruling on July 24, 2026. The proclamation was extended to September 2027 on September 18, 2026, but the fee is not being collected while the court order stands. Follow the latest in our explainer on the $100K fee.
Costs that usually fall on you
- Visa stamping abroad: the $205 fee, travel, and time off work.
- Your spouse’s and children’s H-4 filings (Form I-539 is $420 online or $470 on paper) if your employer doesn’t cover them.
- Your own lawyer if you want independent advice.
Red flags
An employer asking you to pay for the petition, the ACWIA or fraud fees, or to “buy” your H-1B is breaking the rules. You can report wage violations to the Department of Labor’s Wage and Hour Division.
The good
- The law makes employers pay most H-1B costs, not you
- Small employers and nonprofits pay reduced fees
- Premium processing is optional
The hard
- Total employer cost for a new petition is several thousand dollars before legal fees
- The $100,000 fee is blocked in court but has not gone away
- Visa stamping abroad adds a fee and travel costs that often fall on you
Recent from immigration lawyers
From independent law firms, newest first. Not reviewed by h1b-life, not legal advice and not an endorsement.
- DHS Proposes to End Deference to Prior Approvals on H-1B and Other I-129 ExtensionsReddy Neumann Brown · Nov 10, 2026
- Equity-Rich, Salary-Light: The H-1B Wage and SOC Code Audit for Senior Technology ExecutivesBerardi Immigration Law · Nov 9, 2026
- I have a valid H1B visa stamp showing my former employer’s name, and my new employer’s H1B petition has been approved. Do I need a new visa stamp before traveling?Murthy Law Firm · Nov 3, 2026
- H-1B 240-Day Rule: Can You Stay in the U.S. After Day 240?Reddy Neumann Brown · Nov 2, 2026
Sources
- Fragomen: New USCIS Fees to Take Effect April 1 (2024 fee rule)
- Federal Register: Adjustment to Premium Processing Fees (effective March 1, 2026)
- Lighthouse: H-1B Visa Cost, Full Fee Breakdown for 2026
- USCIS: Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113)
- DiRaimondo & Schroeder: $100,000 proclamation extended, fee still blocked
- eCFR: 20 CFR 655.731 (employer may not pass business expenses to the worker)
Rules change often. If something here looks out of date, it probably is; check the official source and talk to an immigration attorney about your own case.