H-1B Processing Costs
The H-1B visa has few fees that set it apart from other nonimmigrant visas.
As we mentioned above, if you want to apply for the H1-B visa, the expanses can vary anywhere between $1,700 to $ 8,000, depending on attorney fees, optional fees, and employer criteria. However, if you take this path, note that only lottery-selected petitions will pay more than the $10 registration fee.
Here we will show a breakdown of the various fees related to the H1-B visa petition in 2021. Note that all shown fees are in USD.
Overall H-1B Visa Fees: Government Fees
The end-to-end H-1B visa process, from submitting an H-1B registration to getting an H-1B visa stamped in the passport, requires paid fee to two main agencies:
- U.S. Citizenship and Immigration Services (USCIS): You need to register with USCIS and pay first for the registration fee and then the fee for the application and various other fees to get the petition approval.
- U.S. Department of State (or U.S. Consulates ): Foreign professionals that file petitions from outside the United States also need a valid H-1B visa stamp to enter the U.S. and work within the country. The prospective employee will apply for a U.S. visa at a consulate or embassy in your home country. Through consular processing you will pay fee as a prospective H-1B visa holder.
Let’s look at the fees for each of these agencies and who pays for what.
H-1B Online Registration Fee, Petition Filing Fee with USCIS: $10
U.S. Citizenship and Immigration Services USCIS requires each employer to register their sponsoring employees before participating in the lottery and pay the registration fee of $10 .
This applies only to new cap-subject petitions.
If you go through the H-1B lottery, you will start with the H-1B Registration Process. We highly advise you to do that as soon as possible. After that, if you get selected in H-1B Lottery, you need to submit the H-1B petition with USCIS.
Form I-129, Petition For A Nonimmigrant Worker: $460
Form I-129 is a document submitted by a U.S. employer who wants to sponsor a foreign national for temporary employment in the U.S.
The filing fee for the I-129 petition for a nonimmigrant worker with supporting documentation is applicable when filing an initial H-1B petition or for the H-1B extension and amendments.
The fee can be paid with a money order, personal check, or cashier’s check.
American Competitiveness and Workforce Improvement Act:$750- $1,500
These expenses are reserved for non-profits, educational institutions, and governmental research organizations and only for the first extension and an amendment without an extension of stay. ACWIA training fee will depend on the total number of employees in the sponsoring company, where if the employer has:
- 25 full-time employees and less, the employer will pay $750
- Over 26 full-time employees, the filing fee is $1,500.
Fraud Prevention and Detection fee: $500
Fraud prevention and detection fee applies to initial H-1B petition filings or if there has been a change of H1-B employers.
The Fraud Prevention and Detection fee is not necessary to pay the if the H-1B petition is for an individual who qualifies under the Chile or Singapore Free Trade Agreement.
The employer should submit the fee in a separate check or money order.
Public Law 114-113 Fee: $4,000
If the sponsoring employer already employs at least 50% foreign employees on H1-B, it will need to cover the additional fee of $4,000.
The fee increase applies to employers that:
- Employ 50 or more employees in the U.S.
- Over half them are in H-1B, L-1A, or L-1B nonimmigrant status;
- You filed an H-1B petition to:
- Seek initial H-1B nonimmigrant status for a noncitizen, or
- Obtain authorization for an H-1B foreign worker to change employers.
This fee also should be submitted in a separate check or money order.
Immigration Attorney Fee: $500/hour to $5,000
The amount for an immigration lawyer will depend upon who the employer hires to handle the legal paperwork of the process. However, some companies have their legal teams in-house, but if it’s not the case, then you and your employer should seek an experienced immigration lawyer.
You can seek counsel from the Hermano Legal Group, a U.S. immigration law firm with over 25 years of experience representing individuals, families, and companies in all aspects of immigration law in all 50 states, Canada, and worldwide. Their team speaks over 12 languages, including Spanish, Arabic, Chinese, Russian, Serbian, and Bulgarian.
Richard Herman is a nationally-known immigration lawyer with 28 years of experience of providing legal immigration services, and he is a national speaker, advocate, and author. He co-authored the acclaimed book “Immigrant, Inc.”
Premium Processing Fees: $2,500
The optional premium processing fee is 2500$. Premium processing is an optional fee for the service provided by the Department of Homeland Security if you want the petition adjudication done in 15 calendar days or obtain more timely employment authorization.
If the employee wants to obtain employment authorization, he or she needs to cover this optional expense. However, if the reason for using premium processing is not connected with EAD, the employer can pay thee and has to justify employees’ personal reasons to expedite the processing of the H1-B petition.
Fee |
Amount |
Responsible for Fee |
Registration Fee |
$10 |
Employer |
Premium Processing (optional) |
$2,500 |
Employer or Employee |
Public Law 114-113 Fee |
$4,000 |
Employer |
Basic Filing Fee |
$460 |
Employer |
USCIS Anti-Fraud Fee |
$500 |
Employer |
ACWIA Education and Training Fee |
$750 (less than 25 employees) $1,500 (more than 25 employees) |
Employer |
Attorney Fee |
Variable |
Employer |
Fee |
Amount |
Responsible for Fee |
Registration Fee |
$10 |
Employer |
Premium Processing (optional) |
$2,500 |
Employer or Employee |
Public Law 114-113 Fee |
$4,000 |
Employer |
Basic Filing Fee |
$460 |
Employer |
USCIS Anti-Fraud Fee |
$500 |
Employer |
ACWIA Education and Training Fee |
$750 (less than 25 employees) $1,500 (more than 25 employees) |
Employer |
Attorney Fee |
Variable |
Employer
|