H-1B visa fees hike: How much do applicants pay right now? Lottery and Form I-129 charges explained

Why H-1B Visa Costs Matter

The H-1B visa program remains a cornerstone for U.S. companies seeking to employ skilled foreign workers in specialized occupations. As discussions around potential fee adjustments for various U.S. Citizenship and Immigration Services (USCIS) applications gain traction, understanding the current financial commitments involved in the H-1B visa process is more crucial than ever for both employers and prospective employees. Beyond Border emphasizes the importance of this awareness, as even slight cost increases could significantly impact startups, mid-size businesses, and multinational corporations planning their workforce strategy. This article breaks down the existing H-1B visa fees, including the lottery charges and costs associated with Form I-129, to provide clarity on what applicants and sponsoring companies pay right now.  

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The H-1B Visa Application: Core Fees Explained

The H-1B visa application process involves several distinct fees, primarily borne by the sponsoring employer. These charges cover various administrative and programmatic costs associated with the visa.  

1. Form I-129, Petition for a Nonimmigrant Worker, Base Filing Fee: This is the foundational fee for filing the H-1B petition. Currently, the standard fee for Form I-129 is $460. This cost applies to all H-1B petitions, whether it's an initial application, an extension, or a change of employer.
2. ACWIA Fee (American Competitiveness and Workforce Improvement Act of 1998): This fee funds U.S. worker training and education programs. The amount varies based on the employer's size:
   • For employers with 1 to 25 full-time equivalent employees: $750
   • For employers with 26 or more full-time equivalent employees: $1,500
     Certain employers, such as non-profit research organizations or educational institutions, may be exempt from this fee.
3. Fraud Prevention and Detection Fee: Instituted to combat fraud and abuse within the H-1B and L-1 visa programs, this fee is $500. It is required for initial H-1B petitions and petitions involving a change of employer.
4. Public Law 114-113 Fee (Additional Fee): This specific fee applies to employers who meet particular criteria. If an employer has 50 or more employees, with more than 50% of those employees holding H-1B or L-1 nonimmigrant status, an additional fee of $4,000 is mandated. This fee is often referred to as the "50/50 rule" fee.

Beyond Border notes that these fees serve multiple purposes, strengthening compliance, funding workforce training, and ensuring fair competition, while still making it possible for U.S. employers to access global talent pools.

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The H-1B Lottery and Optional Premium Processing

Since 2020, USCIS implemented a pre-registration process for the H-1B cap-subject petitions, which includes a separate fee.  

• H-1B Lottery Registration Fee: This nominal fee of $10 is paid by the employer for each prospective H-1B worker they wish to register for the annual H-1B lottery. This fee is non-refundable and is charged per registration, not per petition filed. Only registrations selected in the lottery proceed to the full petition filing stage.
• Premium Processing Fee (Optional): For employers who require an expedited decision on an H-1B petition, USCIS offers a Premium Processing service. For an additional $2,500, USCIS guarantees a processing time of 15 calendar days for Form I-129. If USCIS fails to meet this deadline, they refund the premium processing fee, though they will continue to process the petition.

While optional, many employers, particularly in industries where project timelines are tight, see premium processing as a strategic investment. Beyond Border highlights that companies often use this service to reduce uncertainty and maintain agility in workforce planning.

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Who Pays What: Employer vs. Applicant

It's important to clarify that, by law, the sponsoring employer is responsible for most mandatory H-1B visa application fees, including the Form I-129 base fee, ACWIA fee, Fraud Prevention and Detection fee, and the Public Law 114-113 fee. The H-1B lottery registration fee is also an employer's responsibility. While the Premium Processing fee is optional, if chosen, it is typically also paid by the employer.  

Applicants (beneficiaries) generally pay for costs related to their personal visa interview at U.S. consulates abroad, such as the visa stamping fee, or optional legal fees for their individual counsel. They are not required to pay the core petition filing fees.

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Total H-1B Visa Costs and Strategic Impact

Factoring in all the current H-1B visa processing fees, the total cost for an employer can range significantly.  

• A small employer (under 25 employees) without the 50/50 rule might pay around $1,720 (excluding legal fees).
• A larger employer (26+ employees) could face costs upwards of $2,460.
• For employers subject to the 50/50 rule, the total mandatory fees can exceed $6,460, not including optional premium processing.

Understanding these current H-1B visa costs is vital for strategic planning, especially as USCIS considers future adjustments. Companies that plan effectively can avoid financial surprises, budget appropriately, and ensure smoother application processes. For professionals tracking immigration updates through trusted resources like Beyond Border, staying informed on these financial requirements ensures a smoother and more predictable H-1B visa application process for all involved.