H-1B, new cap-subject
25 or Fewer Full Time Employees
US$2,225
26 or more Full TIme Employees
US$3,595
The question “how much does it cost to sponsor a work visa in 2026?” has become more relevant following recent filing fee changes. Government fees for an initial cap-subject H-1B petition can range from about US$2,225 to US$3,595. In contrast, an O-1A petition may be filed for under US$1,000 in government fees for qualifying small employers.
Below, we thoroughly explain the prices of each category, line by line. Every figure comes from current USCIS and Department of Labor schedules.
Three variables set the price: the visa category, your US headcount, and the filing type. The table below shows the government fees for the six most common employer routes.
Applying for premium processing adds US$2,965 to any row.
The cost for employers to sponsor H1B starts before the petition is submitted. This is due to initial registration charges and legal preparation that occur weeks in advance. A US$215 registration due per beneficiary is paid during the March lottery window, and you do not get a refund even on a non-selection.
N.B. Under the presidential proclamation 10973, a US$100,000 surcharge is placed on new H-1B workers for diplomatic processing. The policy was struck down by a Massachusetts district court on June 8, 2026, and the First Circuit did not reinstate it on July 24, 2026. Hence, the government cannot demand payment, while the mandate will dissolve on September 20, 2026, if it is not renewed by the White House.
A worker already counted against the cap does not re-enter the lottery, so no second registration cost arises on a transfer. ACWIA and the fraud fee still apply to a change of employer, putting a transfer at US$2,010 or US$3,380.
An extension with the same employer is the cheapest filing on the board, at US$760 or US$1,380. Our guide to H-1B transfer and portability rules, overall expenses and timing rules.
L-1 petitions are split into two: L-1A and L-1B. L-1A is reserved for executives and managers. L-1B is designated for staff with specialized knowledge. They both share the same federal fee structure:
For smaller businesses, a discount is given on the base levy, amounting to US$695 for the base charge. L-1 petitions carry no ACWIA cost. Check out the L-1 visa cost breakdown.
O-1A is the cheapest work-authorized route for a certified founder. The fees include a base levy of US$1,055, with the Asylum Program Fee as the only mandatory addition. Small employers pay US$530 instead. O-1A has no lottery and no annual cap.
Extraordinary ability is the statutory standard, met through documented recognition rather than headcount or salary. A US agent can file in place of an employer where the beneficiary works with several clients. See our O-1 agent vs employer sponsorship breakdown to compare both structures.
TN and E-3 visas don't require the Form I-129 petition process when processed from abroad.
A change of status inside the US runs through Form I-129 instead, at US$1,015 or US$510, plus the Asylum Program Fee. Confirm the beneficiary's location before selecting a route, as the gap exceeds US$1,000.
Six fees make up the government side of the bill. Which ones apply depends on the category, headcount, and workforce composition.
Every prospective H-1B beneficiary must be registered electronically during the annual March window. From the FY 2026 cap season onward, the payment is US$215 per beneficiary, and it is not refunded on a non-selection. Register only candidates intended to file.
Form I-129 is officially called the Petition for a Nonimmigrant Worker. It is an appeal tendered by a US employer to gain permission to hire noncitizen workers under special temporary visa conditions. Employee numbers affect the base levy, grouped into tiers.
For small employers (classified by having 25 or fewer full time employees), payments are reduced alongside qualifying nonprofits.
Count your FTEs before filing, as the tier is claimed on the form.
For training initiatives for domestic workers, the American Competitiveness and Workforce Improvement Act mandates a US$750 charge for small organizations and US$1,500 for larger organizations.
ACWIA attaches to an initial petition and to a change of employer. Extensions with the same employer are exempt, as are cap-exempt higher education and nonprofit research petitioners.
An anti-fraud levy of US$500 is applied to new H-1B, H-1B1, and L-1 applications. Companies are exempt from paying said charges only when submitting extension petitions for existing employees.
N.B. Companies with 50+ US employees, where 50% are holding H-1B or L-1 visas (said to uphold the 50-50 threshold) must pay the 9-11 Response and Biometric Entry-Exit fee.
The additional dues are US$4,000 for each H-1B petition and US$4,500 per L-1 petition. Under the upcoming DHS regulation, beginning September 9, 2026, employers are now required to attach this payment for extension petitions. Covered employers should re-forecast extension budgets this quarter.
The 2024 Asylum Program Fee affects a majority of I-129 applications. Aside from 501(c)(3) nonprofits who are exempt from the charge, capped-count businesses pay US$300, while larger organizations pay US$600. Registered nonprofits do not pay. Add this cost across all I-129 projections unless your organization falls under a registered nonprofit.
Accepted via Form I-907, it guarantees USCIS will act within 15 business days. It currently costs US$2,965 and is optional. Reserve the spend for a fixed start date, an October 1 cap-season deadline, or a worker close to the end of current status.
Not every sponsorship cost can be shared. Department of Labor rules assign some levies to the employer permanently, and a reimbursement agreement does not cure a breach.
Regulated by 20 CFR 655.31(c)(10)(ii), the ACWIA dues must be covered solely by the employer. The H-1B employee is not allowed to pay any part of the expense directly or indirectly. Reimbursements to third parties by managers are also prohibited.
The same wage regulations are read as reaching the I-129 base fee and the fraud fee, as employer business expenses. Under 20 CFR 656.12(b), the employer must not seek or receive payment for any activity related to permanent labor certification. The attorney rates are included.
A prohibited reimbursement is treated as a wage shortfall. Under 20 CFR 655.810(a), the Wage and Hour Administrator assesses and oversees payment of back earnings, measured against the required payment.
If an employee pays these fees, the employer can face civil penalties, including fines of up to US$2,364 per violation under 20 CFR 655.810(b)(1)(v).
In serious cases, willful violations could even lead to being barred from the sponsorship program. Additionally, if you try to recover PERM costs from an employee, it could void the labor certification and cause the worker to lose their priority date.
Attorney fees are usually the biggest budget item, but many employers forget to account for the internal time spent on compliance.
Most immigration law firms charge a flat fee per petition. You can expect to pay between US$1,500 and US$5,500 for H-1B preparation, and between US$3,000 and US$8,000 for PERM through I-140 (with the PERM process accounting for more than half of that). If you go with hourly billing, typically $300 to $600 an hour, it’s usually best suited for trickier situations like responding to a Request for Evidence (RFE).
Running an H-1B program comes with ongoing responsibilities that go beyond paying legal and filing fees. For example, you must post the Labor Condition Application at the worksite and set up a public access file within one working day of filing.
Plan to spend 10 to 15 hours of HR and finance time per petition, and make sure someone is officially assigned to manage the public access file before your LCA is certified.
Sponsoring an employee for permanent residency involves a separate set of costs, and the rules about who pays are even stricter than for temporary visas.
The Department of Labor doesn't charge a fee to file the PERM labor certification itself. However, the mandatory recruitment process, which includes placing newspaper ads, posting on job boards, listing the opening with state workforce agencies, and internal notices, typically costs between US$500 and US$2,500.
By law, the employer must cover all PERM-related expenses, including legal fees, and cannot ask the employee for reimbursement or pass these costs along in any way.
The next step is the Form I-140 immigrant petition, which carries a US$715 filing fee (plus an optional US$2,965 for premium processing). Either the employer or the employee can pay these fees.
Check whether your legal counsel's quote includes the adjustment of status stage, as many firms bill it separately.
Wondering how sponsorship costs stack up against hiring locally? Recruitment agencies typically charge a 20 to 25% fee, meaning a $150,000 engineering role could cost $30,000 to $37,500 in recruitment fees alone.
By comparison, sponsoring a first-time H-1B worker for that same position usually costs between $5,500 and $9,500 total, while an O-1A visa can cost even less. In terms of direct cost, sponsorship is often significantly cheaper than paying a recruiter.
The real trade-off is time. A cap-subject H-1B petition can take up to 12 months from registration to an October 1 start date. On the other hand, an O-1A petition can be filed at any time of the year. When weighing your options, be sure to factor in both the cost of keeping the role open and the visa filing expenses.
Three levers cut the bill legally: employer size, cap exemption, and filing sequence.
Higher education institutions, related nonprofits, and government or nonprofit research groups can skip the H-1B lottery altogether. Better yet, they don't have to pay the registration fee or the ACWIA training fee.
You can also use a concurrent cap-exempt job to keep a candidate working while they wait for the next cap-subject lottery. Just be sure to double-check any organization's affiliation status with your attorney, as USCIS looks at these relationships very carefully.
Cap-season timing is fixed. Registration starts in March, selected petitions are filed in April, and employment begins on October 1. A Founding Team hiring in May faces a 17-month wait where the H-1B is the only plan.
Sequencing avoids the gap. It is possible to file an O-1A or an L-1A now, register the same worker in the next March window, and spread the two sets of fees across separate fiscal years.
Employer sponsorship isn't the only way to get a work visa. If you're a talented founder or a high-achieving professional, you might have more flexible options that don't rely on a traditional sponsor.
For example, you could explore EB-1A or EB-2 NIW categories, which don't require an employer. The O-1A visa is another great, flexible option that isn't subject to annual caps. The best path for you depends on your specific background, achievements, and long-term goals.
At Beyond Border, our network of specialist immigration attorneys helps professionals secure employment-based visas and green cards. We’ve handled over 4,000 cases with a 98% approval rate, working with talent from companies like Google, Salesforce, and Chime.
Book a free profile evaluation to know which pathway you’re best suited for.
H-1B government fees total US$2,225 for small firms and US$3,595 for larger firms, covering registration, base, ACWIA, fraud, and asylum costs. Sponsoring companies should expect immigration attorney fees to add an extra US$1,500 to US$5,500.
Sponsoring companies with fewer than 26 full-time equivalents qualify for discounted federal pricing. At this small-employer tier, mandatory government filing fees total US$2,225 for a new H-1B, US$1,495 for an L-1, and US$830 for an O-1A petition.
Under 20 CFR § 655.731(c)(10)(ii) and 20 CFR § 656.12(b), employers must cover ACWIA fees and all PERM costs without employee reimbursement. Conversely, sponsored workers are legally permitted to cover their own premium processing, consular fees, and Form I-485 filing charges.
Sponsoring a PERM green card runs employers US$9k to US$18k across recruitment, legal representation, and the US$715 Form I-140 petition. Conversely, the sponsored employee typically covers the personal US$1,440 Form I-485 filing fee and civil surgeon health check.
Filing fees and legal fees paid to hire employees are ordinarily deductible as business expenses, though treatment depends on your entity. Beyond Border is not a tax advisor, so confirm with your accountant.
Almost none. USCIS does not refund filing fees on a denial, and the US$215 registration fee is not returned on a non-selection. Premium processing is the exception, refunded where USCIS fails to act within the guaranteed 15 business days.
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