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The H-1B visa program is a critical pathway for skilled foreign professionals to work in the United States. Understanding the filing fees involved is crucial, as the costs vary based on the employer’s size, structure, and specific requirements. Here’s a thorough breakdown of the costs and considerations for H-1B visa filings in 2025.
Summary of H-1B Filing Fees
Here's a quick table summarizing the required and optional fees. We’ll go into each fee into more depth below:
1. H-1B Registration Fee
- Amount: $10 per beneficiary
- Purpose: This fee allows the employer to enter the H-1B lottery system. Only selected registrants proceed to file a full petition.
- Responsibility: Paid by the employer at the time of registration.
The low cost of this fee helps ensure that only serious applicants enter the H-1B lottery.
2. Basic Filing Fee
- Amount: $780 for Form I-129
- Purpose: This is the primary fee for processing the H-1B petition with USCIS.
- Responsibility: Paid by the employer, not the employee.
The Form I-129 petition is the main form filed for H-1B status and includes details about the job, the employee, and other key aspects of eligibility.
3. ACWIA Fee (American Competitiveness and Workforce Improvement Act)
- Amount:
- $750 for employers with 1-25 full-time employees
- $1,500 for employers with 26 or more full-time employees
- Purpose: This fee supports workforce training programs for U.S. workers, particularly in high-skilled industries.
- Responsibility: Paid by the employer; it cannot be passed to the employee.
- Exemptions: Certain employers, including nonprofit research institutions, higher education institutions, and governmental research organizations, may qualify for exemptions.
Example: A tech startup with 20 employees would pay $750, while a larger tech corporation with 50 employees would pay $1,500.
4. Fraud Prevention and Detection Fee
- Amount: $500
- Purpose: USCIS uses this fee to detect and prevent H-1B visa fraud.
- Responsibility: Paid by the employer at the time of the initial petition or for change of employer petitions.
- Applicability: Required for first-time H-1B applications and for transferring H-1B employees to new employers.
The fee helps ensure the integrity of the H-1B program, making it more challenging for fraudulent petitions to succeed.
5. Public Law 114-113 Fee
- Amount: $4,000
- Applicability: Required for employers with 50 or more employees, where more than 50% of employees are on H-1B or L-1 status.
- Purpose: Aimed at balancing the hiring of foreign nationals with the need to support U.S. worker employment.
- Responsibility: Paid by eligible employers; cannot be paid by the employee.
Example: A consulting firm with 60 employees, of whom 40 are on H-1B or L-1 visas, would need to pay this fee.
6. Premium Processing Fee (Optional)
- Amount: $2,805
- Purpose: Expedites the processing time of the H-1B petition to within 15 calendar days.
- Responsibility: Generally paid by the employer, but the employee may cover this fee if expediting the process is primarily for personal benefit.
Premium processing is optional but often chosen by employers who want to minimize delays, especially when project deadlines are tight.
7. Asylum Program Fee
- Amount
- $600 for employers with more than 25 full-time equivalent employees
- $300 for employers with 25 or fewer full-time equivalent employees
- $0 for nonprofit organizations, exempt from this fee
- Purpose: Funds the U.S. asylum program, supporting individuals seeking refuge in the United States.
- Responsibility: Paid by the employer at the time of the H-1B petition filing.
This fee, recently introduced, helps balance the costs of immigration services in the U.S.
8. Visa Application Fee (for Consular Processing)
- Amount: $190
- Purpose: This fee is required for the visa stamping process at a U.S. consulate or embassy outside the U.S.
- Responsibility: Paid by the employee as part of the consular processing steps if they are obtaining the H-1B visa outside the U.S.
Note: This fee applies only if the applicant is outside the U.S. and requires consular processing.
9. Attorney Fees
- Amount: $1,500-$4,000
- Purpose: Attorney fees for H-1B petitions are separate from the government filing fees and may vary based on the attorney's experience and the specific requirements and complexity of the petition.
- Responsibility: Attorney fees are typically paid by the employer.
Tips for Employers and Employees Navigating H-1B Fees
- Check Exemptions: Nonprofit research organizations, educational institutions, and government research agencies are often exempt from several fees.
- Plan for Premium Processing When Needed: If time is critical, premium processing can speed things up significantly.
- Consult with an Immigration Attorney: An experienced immigration attorney can help ensure that the H-1B petition meets all requirements.
An Alternative Pathway: The Build Fellowship
For individuals who didn't secure an H-1B visa through the lottery, there is a viable alternative to traditional H-1B filing: The Build Fellowship. By partnering with H-1B cap-exempt universities, our program enables foreign nationals to continue working in the U.S. without relying on the lottery. Here’s how it works:
- Mentorship Program: Build Fellows dedicate just five hours a week to mentoring students at our partnered universities.
- Cap-Exempt H-1B Filing: This program qualifies participants to file a cap-exempt H-1B, allowing them to stay with their employer.
- Stability for Employers and Employees: This approach allows talented individuals to remain with their current employers, providing continuity for both.
If you’re exploring ways to secure or retain your H-1B status, learn more about our fellowship program and read testimonials from others who have successfully navigated the immigration journey with The Build Fellowship.
Understanding H-1B filing fees can be complex, but this guide provides the clarity needed to approach each step confidently. For those who seek a more stable, cap-exempt solution, The Build Fellowship is here to help make that journey smoother.
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