The H-1B visa is a popular non-immigrant work visa that allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. Common fields include information technology, engineering, finance, accounting, and healthcare.
For employers and prospective employees, one of the most pressing questions is: How much does it cost to file for an H-1B visa? The answer varies depending on multiple factors including the type of employer, legal assistance required, and the specific services opted for during the application process.
This guide breaks down all the key components of the H-1B visa filing costs, helping you understand what fees are mandatory, which ones are optional, and who is responsible for paying them.
Understanding the H-1B Visa
Before diving into the costs, it’s crucial to understand what the H-1B visa entails. The H-1B visa is valid for an initial period of up to three years and can be extended to a maximum of six years. It is employer-sponsored, meaning the U.S. company must file a petition on behalf of the foreign worker.
Because of the complex regulatory requirements and limited annual quotas, the H-1B visa process requires careful preparation and a clear understanding of associated costs.
H-1B Visa Filing Fees Breakdown
1. Base Filing Fee – $460
This fee is required for all H-1B petitions and must be paid by the employer. It is the standard fee for Form I-129, the Petition for a Nonimmigrant Worker, which is used to request the H-1B classification.
2. ACWIA Fee – $750 or $1,500
The American Competitiveness and Workforce Improvement Act (ACWIA) fee is determined by the size of the employer:
- $750 for employers with 25 or fewer full-time employees.
- $1,500 for employers with more than 25 full-time employees.
This fee is used to fund U.S. worker training programs and must be paid by the employer.
3. Fraud Prevention and Detection Fee – $500
This one-time fee is applicable for new H-1B petitions or when an employee is transferring to a new employer. It must be paid by the employer and is used to detect and deter fraudulent use of the H-1B program.
4. Public Law 114-113 Fee – $4,000
Applicable to certain companies, this fee is required when:
- The employer has 50 or more employees in the U.S., and
- More than 50% of those employees are on H-1B or L-1 visas.
This hefty fee is a significant cost consideration for large IT and consulting firms and must be paid by the employer.
5. Premium Processing Fee – $2,805
Premium processing is an optional service provided by USCIS that guarantees processing of the H-1B petition within 15 calendar days. Either the employer or the employee can pay this fee. As of 2024, the fee for premium processing is $2,805.
6. Attorney Fees – $1,000 to $4,000 (Estimated)
While not a USCIS fee, most employers hire immigration attorneys to prepare and file H-1B petitions due to the complexity of the process. Legal fees vary depending on the law firm and services provided. These typically include:
- Preparing the Labor Condition Application (LCA)
- Compiling supporting documentation
- Completing and submitting Form I-129
- Responding to Requests for Evidence (RFEs), if necessary
Employers usually bear these legal costs, although some may share or pass on part of the fees to the employee (if allowed under law).
7. Immigration Compliance and Administrative Costs
Employers may also incur additional costs related to:
- Public access file maintenance
- Internal audits
- Record keeping and compliance training
While these are not direct USCIS filing fees, they are part of the overall cost of maintaining an H-1B program and should be factored into budget planning.
Summary of H-1B Visa Costs (2025)
| Fee Type | Amount | Paid By |
|---|---|---|
| Base Filing Fee | $460 | Employer |
| ACWIA Fee | $750 or $1,500 | Employer |
| Fraud Prevention Fee | $500 | Employer |
| Public Law 114-113 Fee | $4,000 (if applicable) | Employer |
| Premium Processing Fee | $2,805 (optional) | Employer or Employee |
| Attorney Fees | $1,000 – $4,000 (estimated) | Usually Employer |
Who Should Pay the H-1B Fees?
The U.S. Department of Labor and USCIS regulations are clear that most fees must be paid by the sponsoring employer. Specifically:
- The base filing fee, ACWIA fee, and fraud prevention fee must always be paid by the employer.
- The $4,000 fee under Public Law 114-113, if applicable, must also be paid by the employer.
- The premium processing fee can legally be paid by either party, depending on who benefits from the faster processing.
- Attorney fees can be split if not prohibited by law or contractual agreement, but employers typically cover these.
Renewal and Transfer Costs
If an employee is transferring to a new employer or extending their H-1B visa, many of the same fees will apply again:
- Base filing fee: $460
- Fraud prevention fee: $500 (only for transfers)
- ACWIA fee: May apply depending on transfer circumstances
- Attorney fees and optional premium processing
It’s important to note that the $4,000 Public Law fee may also apply again for large employers under qualifying conditions.
Additional Considerations
Dependent Fees (H-4 Visas)
If the H-1B worker has dependents (spouse or children), additional fees for their H-4 visa applications must be considered:
- Form I-539 filing fee: $420 per applicant
- Biometrics fee: $85 per applicant (if required)
- Attorney fees: Vary, often $500–$1,500
H-4 EAD (Employment Authorization Document)
Spouses of H-1B holders on H-4 visas may be eligible to work if the primary H-1B holder has an approved I-140 petition. The EAD application comes with additional costs:
- Form I-765 fee: $520
- Attorney fees: Vary depending on service provider
Cost Comparison: Regular vs. Premium Processing
For employers or employees looking for a faster decision, premium processing provides a guaranteed 15-day turnaround. While it significantly increases costs, it may be worth the investment in time-sensitive hiring scenarios or where travel schedules demand quicker approvals.
Hidden Costs and Risks
While the USCIS fees and attorney costs are the most apparent, other hidden costs include:
- Delays caused by Requests for Evidence (RFEs)
- Lost productivity due to application delays
- Cost of training new hires if H-1B applications are denied
Employers should be prepared for these contingencies and factor them into the total cost of hiring an H-1B worker.
Conclusion
Filing for an H-1B visa can be a costly and complicated process, with mandatory government fees, optional services like premium processing, and attorney fees quickly adding up. While the minimum government-mandated costs can start as low as $1,710 for small employers (excluding legal help), the total amount often exceeds $7,000 or more for many companies—especially those opting for premium processing and legal support.
Understanding each component of the cost structure is essential for employers to budget appropriately and for foreign professionals to have realistic expectations. Whether you are an employer seeking talent or a skilled worker aiming to work in the U.S., being aware of the financial implications is crucial to making informed decisions about the H-1B visa process.
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