How Much Does H-1B Sponsorship Cost an Employer in 2026?

Government fees in 2026

These amounts come from the USCIS fee rule in 8 CFR 106.2 and the USCIS fee schedule (Form G-1055, edition dated October 16, 2026). Check G-1055 before filing, since fees change.

• H-1B registration: $215 per person entered in the lottery. Cap cases only.
• Form I-129 base fee: $780, or $460 for small employers (25 or fewer full-time equivalent employees) and nonprofits.
• ACWIA training fee: $1,500, or $750 for employers with 25 or fewer full-time workers. Universities, related nonprofits and nonprofit or government research groups are exempt.
• Fraud Prevention and Detection fee: $500 for a first H-1B grant and for a change of employer.
• Asylum Program Fee: $600, or $300 for small employers. Nonprofits pay $0. It applies to every I-129.
• Premium processing (optional): $2,965 for USCIS action within 15 business days.

Cost for a new cap case vs a transfer

Here is how the required fees add up for an employer with more than 25 workers. Small employers pay less, as shown after each total.

• New cap case: $215 + $780 + $1,500 + $500 + $600 = $3,595. Small employer: $2,225.
• Transfer (change of employer): $780 + $1,500 + $500 + $600 = $3,380. Small employer: $2,010.
• Extension with the same employer: the fraud fee does not apply. ACWIA applies only to the first extension, so the I-129 and Asylum Program fees are often all that remain.
• Add $2,965 to any of these for premium processing.

Lawyer fees

Most employers use an immigration lawyer to prepare the Labor Condition Application and the petition. DOL charges no fee for the LCA.

Published estimates we found mostly range from about $1,500 to $5,000 per petition. Quotes vary by firm, city and case. Cases with a request for evidence cost more.

Who must pay what

Most of the bill legally belongs to the employer. These rules come from DOL regulations at 20 CFR 655.731 and the USCIS fee rules.

• ACWIA fee: only the employer can pay it. USCIS accepts it only from the employer or its lawyer, and DOL bars the worker from paying or reimbursing any part of it.
• Lawyer fees and other costs of the LCA and petition: these are the employer's business expenses. They cannot be deducted from your pay or recovered through it.
• Premium processing: law firm Dinsmore says a worker may pay only when the worker asks for it and benefits from it, such as for travel. If the employer wants the speed, the employer pays.
• Leaving early: an employer cannot charge a penalty for quitting before an agreed date. Reasonable liquidated damages may be allowed under state law, but never including the ACWIA fee.
• Dependents: costs for an H-4 spouse or child's forms can be yours to pay.

Extra fee for H-1B-heavy employers

Employers with 50 or more US employees and more than half of them in H-1B or L-1 status pay an extra $4,000 per H-1B petition. This is the 9-11 Response and Biometric Entry-Exit Fee.

A final rule published August 10, 2026 extended it to extension petitions from September 9, 2026. Amended petitions that do not ask for more time are not covered.

The $100,000 payment: where it stands

Proclamation 10973 requires a $100,000 payment for certain petitions filed on or after September 21, 2025. It mainly covers workers outside the US without a valid H-1B visa, and petitions that ask for consular notification.

USCIS guidance exempts people in the US whose change of status, amendment or extension is granted. That covers most transfers and F-1 to H-1B cases. Holders of valid H-1B visas are also exempt, and DHS can grant case-by-case exceptions.

On June 8, 2026, a federal court in Massachusetts vacated the guidance that put the payment in place. The First Circuit denied a stay on July 24, 2026. A California court added a preliminary injunction on September 30, 2026.

As of October 21, 2026, the fee is not being collected, but appeals are pending and USCIS says it will collect if the orders are lifted. Details are in our $100,000 fee guide and court case tracker.

A separate proposed fee of $103,265 per cap-subject petition is not final. See proposed H-1B and OPT fees.

How to use this with employers

If a hiring manager worries about cost, a transfer is the cheapest case. You skip the lottery, and the $100,000 payment generally does not apply in the US. Our guide on asking about sponsorship has wording you can use.

Employers that file often already budget for these fees. Find them on our H-1B sponsors list, or match sponsor jobs to your resume.

This is general information, not legal advice. Confirm your situation with an immigration attorney.

Questions

Sources

• 8 CFR 106.2: USCIS fees (eCFR)
• USCIS: H and L Filing Fees for Form I-129
• USCIS: Fee Schedule (Form G-1055)
• 20 CFR 655.731: H-1B wage and deduction rules (eCFR)
• Federal Register: 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas (91 FR 51360)
• USCIS: Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers
• Dinsmore: Employer payment of legal fees and costs in H-1B and green card sponsorship
• USCIS alert: USCIS to increase premium processing fees

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