Updated October 31, 2026
H-1B visa fee: what the employer pays, what you pay, and where the new fees stand
The H-1B visa fee is really two bills. You pay a $205 visa application fee per person at the US embassy or consulate, and your employer pays the USCIS petition fees: $215 to register, then $460 or $780 for Form I-129 plus add-on fees. For a new cap petition that comes to $2,225 to $7,595 before premium processing, as of October 31, 2026.
A June 8, 2026 court order vacated USCIS's guidance on the $100,000 proclamation payment, and since the First Circuit refused to pause it on July 24, 2026, USCIS says it will comply while DHS weighs next steps. A separate $103,265 fee for cap petitions is only a proposal. Both are explained below, with dates.
Who pays which H-1B fee?
| Fee | Amount | Who pays | Paid to |
|---|---|---|---|
| Registration (cap cases) | $215 per beneficiary | Employer | USCIS |
| Form I-129 petition | $780 paper or $730 online. $460 for small employers (25 or fewer full-time equivalent employees) and nonprofits | Employer | USCIS |
| Asylum Program Fee | $600. $300 for small employers. $0 for nonprofits | Employer | USCIS |
| ACWIA training fee | $1,500, or $750 for employers with 25 or fewer full-time equivalent employees | Employer, never the worker | USCIS |
| Fraud Prevention and Detection Fee | $500 | Employer | USCIS |
| Public Law 114-113 fee | $4,000 | Employers with 50 or more US employees, more than half on H-1B or L-1 | USCIS |
| Premium processing (optional) | $2,965 | Employer. USCIS says the worker can't file the request | USCIS |
| Visa application fee (MRV) | $205 per person, including each H-4 family member | You | State Department |
| Visa issuance (reciprocity) fee | Depends on your nationality | You | State Department |
USCIS amounts come from Form G-1055, Fee Schedule, edition 10/26/26, published October 28, 2026. The visa application fee comes from the State Department's fee schedule at 22 CFR 22.1. USCIS rejects a petition filed with the wrong fee, so employers should check G-1055 the day they file.
How much does an H-1B petition cost the employer?
Here's our math for a new cap petition filed on paper without premium processing, using G-1055's amounts:
| Employer | Fees that apply | Total | With premium processing |
|---|---|---|---|
| Small employer (25 or fewer full-time equivalent employees) | $215 + $460 + $300 + $750 + $500 | $2,225 | $5,190 |
| Employer with 26 or more full-time equivalent employees | $215 + $780 + $600 + $1,500 + $500 | $3,595 | $6,560 |
| Same, with 50 or more US employees and more than half on H-1B or L-1 | $3,595 + $4,000 | $7,595 | $10,560 |
| Cap-exempt university or nonprofit research employer | $460 + $0 asylum fee + $500. No registration, and ACWIA-exempt | $960 | $3,925 |
Premium processing costs $2,965, and USCIS says it means action on an H-1B petition within 15 business days. Filing Form I-129 online costs $730 instead of $780 for employers that don't qualify for the $460 rate.
Extensions and transfers cost less in some cases. USCIS's H and L fees page, updated September 9, 2026, says:
- The ACWIA fee applies to an initial petition, a change of status to H-1B, a change of employer and the first extension with the same employer. The second and later extensions with the same employer don't pay it, and neither do amendments that don't extend the stay.
- The $500 fraud fee applies to the first grant of H-1B status and to a change of employer. It's not paid again for another petition for the same worker in the same classification, unless the worker was abroad for more than a year and needs a new initial grant.
- The ACWIA fee doesn't apply to higher education institutions, their related nonprofits, nonprofit or governmental research organizations, primary and secondary schools, and certain nonprofit clinical training programs.
- The $4,000 Public Law 114-113 fee applies to petitions filed on or before September 30, 2027, and not to amendments that don't extend the stay. A DHS final rule effective September 9, 2026 makes covered employers pay it on all H-1B petitions, including extensions and transfers, for filings postmarked or submitted online on or after that day.
Paying by card. USCIS says the Treasury limits credit card payments to $24,999.99 per card per day, with an exception of up to $99,999.99 for H-1B registrations and petitions filed online with one card.
What H-1B fee do you pay as the applicant?
When you apply for the H-1B visa stamp abroad, you pay the nonimmigrant visa application fee before your appointment. Under 22 CFR 22.1, it's $205 per person for H, L, O, P, Q and R visas, as of October 31, 2026. Each H-4 spouse or child pays it too.
- Reciprocity fee: the same schedule lists a visa issuance fee that is "reciprocal," so it depends on what your country charges US citizens for a similar visa.
- Visa integrity fee: H.R. 1, the 2025 budget law, adds a fee for anyone issued a nonimmigrant visa, paid when the visa is issued. DHS said in July 2025 that it will implement the fee in a future publication. Our visa integrity fee guide covers the amount and tracks its status.
- Your employer's costs stay with your employer. Department of Labor rules at 20 CFR 655.731 say an H-1B worker may not pay any part of the ACWIA training fee, directly or indirectly. They also bar wage deductions that recoup the employer's business expenses, including attorney fees and the cost of preparing and filing the labor condition application and the petition.
Our H-1B visa stamping guide walks through paying the fee, booking biometrics and the interview, and our H-1B overview covers who qualifies.
Is the $100,000 H-1B fee in effect?
As of October 31, 2026, USCIS says it is complying with a court order that vacated its guidance on the payment. Here is the record, with dates:
- September 19, 2025: Proclamation 10973 restricted entry of H-1B workers unless their petitions came with a $100,000 payment, effective September 21, 2025.
- June 8, 2026: in State of California v. Mullin, the federal district court in Massachusetts vacated the agency guidance implementing the payment.
- July 24, 2026: the First Circuit denied the government's motion to stay that order. USCIS says DHS will comply while it considers next steps, and still plans to collect the payment if the order is lifted.
- September 18, 2026: Proclamation 11069 continued the restriction for 12 months from September 21, 2026.
- October 28, 2026: USCIS's new G-1055 still lists the $100,000 line, payable through pay.gov before filing, unless the Secretary of Homeland Security grants an exception.
Who it covers, if collected. USCIS's H-1B page says it applies to petitions filed on or after September 21, 2025 for workers outside the US without a valid H-1B visa, or that ask for consular notification, port of entry notification or pre-flight inspection. It doesn't apply to valid visas issued before then, or to a change of status, amendment or extension granted to someone inside the US, even if that person later travels and gets a visa stamp from the approved petition. USCIS adds that if it finds the person ineligible for the change of status or extension, for example because they left the US before a decision, the payment applies.
What is the proposed $103,265 H-1B fee?
On August 25, 2026, DHS published a proposed rule, "Fee for Certain H-1B Petitions," for a $103,265 fee paid at filing on every H-1B cap-subject petition, including the advanced degree cap. It would come on top of all other fees and payments. DHS says it would not apply to cap-exempt petitions, such as those from universities and nonprofit or governmental research organizations.
Comments closed September 24, 2026. As of October 31, 2026, a Federal Register search shows no final rule, so the fee isn't charged. Don't confuse it with the $100,000 proclamation payment: they are separate, and the proposal says its fee would be paid in addition to any proclamation payment.
Does the fee change what happens at the H-1B interview?
Proclamation 11069 tells the State Department to verify the payment during the visa process and approve only visa applications whose employer paid it, so fee questions can come up at the consular window when the payment applies. Otherwise the interview covers your employer, role, salary and degree. Our H-1B visa interview questions list what officers ask and why.
Visaful is an AI mock interview app for US visa interviews: an AI officer asks your visa's questions out loud and shows what to fix.
Frequently asked questions
How much is the H-1B visa fee for the applicant?
$205 per person for the visa application at the embassy or consulate, as of October 31, 2026, plus a reciprocity fee if your country charges one. Each H-4 family member pays $205 too.
How much does an H-1B cost the employer?
For a new cap petition filed on paper, our math from USCIS's fee schedule is $2,225 for a small employer, $3,595 for an employer with 26 or more employees and $7,595 if the $4,000 Public Law 114-113 fee applies. Premium processing adds $2,965.
Can my employer make me pay the H-1B fees?
Department of Labor rules say you may not pay any part of the ACWIA training fee, and your employer can't deduct its attorney fees or petition filing costs from your wages. Your own $205 visa application fee is yours to pay.
Is the $100,000 H-1B fee still required?
A June 8, 2026 court order vacated USCIS's guidance on it, the First Circuit refused to pause that order, and USCIS says it will comply. The proclamation was renewed on September 18, 2026, and DHS says it would collect if the order is lifted.
Is the $103,265 H-1B fee in effect?
No. It's a proposed rule published August 25, 2026, and comments closed September 24, 2026. As of October 31, 2026, no final rule has been published.
Do H-1B extensions cost the same as a new petition?
Often not. USCIS says the $500 fraud fee isn't paid again for the same worker in the same classification, and the ACWIA fee applies to the first extension with the same employer but not the second or later ones. The petition and asylum fees still apply, and so does the $4,000 fee for covered employers since September 9, 2026.
Do universities pay H-1B fees?
Yes, but less. Higher education institutions are ACWIA-exempt, nonprofits pay $0 asylum fee and the $460 petition fee, and cap-exempt employers skip registration. That's $960 by our math, plus premium processing if chosen.
Related guides
- H-1B visa stamping: the steps, the documents and what happens after the interview
- H-1B visa interview questions
- The $250 visa integrity fee: what the law says and where it stands
- H-4 visa interview questions: what officers check for spouses and children of H-1B workers
- H-1B stamping in the USA: is stateside visa renewal open?
- US visa appointment wait times: how to read them and get an earlier date
- O-1 visa requirements: what USCIS needs to see
Sources
Checked October 31, 2026.
- Form G-1055, Fee Schedule, edition 10/26/26, uscis.gov (published Oct 28, 2026, read Oct 31, 2026)
- 8 USC 1184(c)(9), the ACWIA fee and its 25-employee threshold, govinfo.gov (read Oct 31, 2026)
- Form G-1055, Fee Schedule, edition 10/26/26, the PDF with every fee line, uscis.gov (read Oct 31, 2026)
- USCIS Immigration Fees Required by HR-1 Reconciliation Bill, Federal Register 2025-13738, July 22, 2025, full text (read Oct 31, 2026)
- H and L Filing Fees for Form I-129, uscis.gov (updated Sep 9, 2026, read Oct 31, 2026)
- H-1B Specialty Occupations, including the $100,000 payment alert, uscis.gov (updated Sep 21, 2026, read Oct 31, 2026)
- Filing Fees (credit card limits), uscis.gov (read Oct 31, 2026)
- How Do I Request Premium Processing?, uscis.gov (read Oct 31, 2026)
- 22 CFR 22.1, Schedule of fees for consular services, ecfr.gov (read Oct 31, 2026)
- 20 CFR 655.731, H-1B wage and deduction rules, ecfr.gov (read Oct 31, 2026)
- Proclamation 10973, Restriction on Entry of Certain Nonimmigrant Workers, federalregister.gov (Sep 24, 2025)
- Proclamation 11069, Restriction on Entry of Certain Nonimmigrant Workers, federalregister.gov (Sep 23, 2026)
- Fee for Certain H-1B Petitions, proposed rule, federalregister.gov (Aug 25, 2026)
This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.
