H-1B costs aren’t a single number — they’re a layered stack of mandatory USCIS fees, an optional speed surcharge, attorney fees, and, for certain petitions, a contested $100,000 charge currently tied up in federal court. A standard cap-subject H-1B petition typically runs somewhere between $2,000 and $10,000+ before legal complications, depending on employer size, whether premium processing is used, and whether the case runs smoothly. Here’s the full 2026 picture, fee by fee.
H-1B Cost at a Glance (2026)
| Cost Component | Amount |
|---|---|
| Electronic registration fee (per beneficiary, March lottery) | $215 |
| I-129 base filing fee (employer with 25+ FTEs) | $780 |
| I-129 base filing fee (small employer/nonprofit, ≤25 FTEs) | $460 |
| ACWIA training fee (standard employer) | $1,500 |
| ACWIA training fee (small employer, ≤25 FTEs) | $750 |
| Fraud Prevention and Detection Fee (initial petitions only) | $500 |
| Asylum Program Fee | $300–$600 |
| Public Law 114-113 surcharge (large H-1B-dependent employers) | $4,500 |
| Premium processing (optional, effective March 1, 2026) | $2,965 |
| $100,000 fee (new consular-processed petitions — currently contested) | $100,000 |
| H-4 dependent work permit (Form I-765) | $520 |
| Typical attorney fees | $2,500–$7,500+ |
Step 1: The Registration Fee (The Lottery Entry Ticket)
Before an employer can even file a petition, it must register each prospective beneficiary electronically during the annual registration window, which typically opens in March. As of the FY 2026 cap season, the registration fee is $215 per beneficiary, paid online at the time of registration. This fee is non-refundable whether or not the beneficiary is selected in the lottery. Under the beneficiary-centric selection system used for FY 2026 and FY 2027, each individual can only be selected once regardless of how many registrations are submitted for them — submitting duplicates through related entities doesn’t improve odds and can trigger extra scrutiny.
Step 2: The I-129 Petition Filing Fee
Once selected, the employer has a filing window (generally at least 90 days) to submit the full H-1B petition on Form I-129. The base fee depends on company size:
- Standard employers (more than 25 full-time employees): $780
- Small employers (25 or fewer full-time employees) and nonprofits: $460
Step 3: The ACWIA Training Fee
Named for the American Competitiveness and Workforce Improvement Act, this fee funds U.S. worker training programs and applies to most initial petitions and certain changes of employer:
- Standard employers: $1,500
- Small employers (25 or fewer employees): $750
- Waived entirely for institutions of higher education, affiliated nonprofit entities, and government research organizations
Step 4: Fraud Prevention and the Asylum Program Fee
- Fraud Prevention and Detection Fee: A flat $500, charged only on initial petitions and certain change-of-employer petitions — not on extensions.
- Asylum Program Fee: Ranges from $300 to $600 depending on employer size, applying to both new petitions and extensions.
Step 5: The Public Law 114-113 Surcharge
Employers with 50 or more U.S. employees where more than half hold H-1B or L-1 status owe an additional $4,500 surcharge on initial petitions and change-of-employer filings. This targets larger, H-1B-heavy staffing and consulting firms rather than typical small and mid-sized sponsors, but it’s a meaningful cost for companies that meet the threshold.
Step 6: Premium Processing
Premium processing guarantees USCIS will take an initial action — approval, denial, an RFE, or a NOID — within 15 business days. As of March 1, 2026, the fee is $2,965, up from $2,805 previously. Adding premium processing pushes total government fees for a large employer into roughly the $10,500–$13,000 range, and for a small employer into roughly $8,500–$10,500, once every mandatory fee is stacked together. Premium processing buys speed, not a guaranteed approval — the response can still be a denial or RFE.
The $100,000 Fee: Where It Stands Right Now
In September 2025, a presidential proclamation introduced a $100,000 fee applying to certain new H-1B petitions for beneficiaries processing their visas outside the U.S. (consular or port-of-entry processing). This fee does not generally apply to changes of status filed by workers already in the U.S., though it can apply if a change-of-status case later fails and reverts to consular notification.
The fee’s legal status has shifted repeatedly in 2026:
- June 8, 2026: A federal district court in Massachusetts (California v. Mullin) vacated the fee nationwide, ruling it functioned as an unauthorized tax the executive branch lacked authority to impose.
- June 12, 2026: The same court granted the government a temporary administrative stay, reinstating fee collection while the appeal proceeds.
- June 18, 2026: The government formally asked the First Circuit Court of Appeals to keep the fee in place for the duration of the appeal.
As of this writing, the fee remains in effect for qualifying consular-processed petitions while the First Circuit considers the government’s request. Employers with pending or planned petitions involving consular processing should continue budgeting for the fee and monitor the litigation closely, since the outcome could change on short notice and may ultimately reach the Supreme Court.
Dependent and Post-Approval Costs
- H-4 dependent status: No separate USCIS fee to accompany the principal on the underlying petition, but if a spouse wants work authorization, the Form I-765 EAD filing fee is $520.
- Consular processing (DS-160/MRV fee): $205 per applicant, paid to the Department of State, for anyone obtaining a visa stamp abroad.
- RFE responses: No separate USCIS filing fee, but expect additional attorney time — typically a few hundred to a few thousand dollars depending on the firm and case complexity.
Legal Fees: The Biggest Variable
Attorney fees for H-1B cases vary widely by firm and case complexity. Some firms structure fees in stages — a smaller fee for registration and SOC/wage-level review, followed by a larger fee once a beneficiary is selected and the full petition is prepared. Across the market, typical attorney fees range from $2,500 to $7,500 or more for a standard case, with premium-processed cases involving outside counsel sometimes exceeding $10,000 once government and legal fees are combined.
Who Pays What?
U.S. employers are legally required to cover the H-1B registration fee, I-129 filing fee, ACWIA fee, Fraud Prevention fee, and any PL 114-113 surcharge — these cannot be passed on to the employee under DOL rules. The beneficiary is generally responsible for their own dependents’ costs (if they choose to add family members to the filing) and the DS-160 consular fee. Premium processing can be paid by either party, and this is often negotiated as part of a job offer.
Bottom Line: What to Budget
For a standard employer filing a straightforward cap-subject H-1B petition without premium processing, expect roughly $3,000–$4,000 in mandatory USCIS fees before legal costs. Add premium processing and attorney fees, and a realistic all-in budget lands between $6,000 and $10,000+. Petitions involving consular processing for a new hire should also budget for the possibility of the $100,000 fee remaining in effect, given the case is still active in the courts.
USCIS fees and the legal status of the $100,000 fee are changing rapidly in 2026 — always verify current amounts and litigation status at uscis.gov and with qualified immigration counsel before filing or budgeting.
