The H1B visa is the most widely used work visa in the United States for specialty occupation workers. Understanding who pays what — and the legal requirements around fee allocation — is essential for both employers and employees in 2026.
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| Fee | Who Pays | Small (1–25) | Large (26+) |
|---|---|---|---|
| I-129 Base Filing Fee | Employer (required) | $730 | $730 |
| ACWIA Training Fee | Employer (required) | $750 | $1,500 |
| Fraud Prevention & Detection Fee | Employer (required) | $500 | $500 |
| H1B Registration Fee | Employer (new/cap-subject) | $215 | $215 |
| Subtotal (mandatory, new petition) | $2,195 | $2,945 | |
| Premium Processing (I-907) | Employer or employee | +$2,805 | +$2,805 |
| Attorney Fees | Typically employer | $1,500–$5,000 | $1,500–$5,000 |
| Total (with premium, no attorney) | $5,000 | $5,750 |
Fees the Employee Can Legally Pay
Employee MAY pay:
- Premium processing fee (I-907) if they benefit
- Personal immigration attorney fees (if they hire their own)
- DS-160 visa stamp fee at consulate (~$185)
- Travel costs for visa interview abroad
Employee CANNOT pay:
- I-129 base filing fee ($730)
- ACWIA Training Fee ($750 or $1,500)
- Fraud Prevention & Detection Fee ($500)
- H1B Registration Fee ($215)
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Frequently Asked Questions
What is the H1B total cost in 2026?
For a large employer without premium processing: $2,945. With premium processing: $5,750. Add attorney fees ($1,500–$5,000) and the realistic total per H1B worker is $4,500–$10,750.
Is H1B premium processing worth it?
For most cases, yes. Standard processing takes 3–6 months and can delay an employee's start date. Premium processing ($2,805) guarantees action within 15 business days. For a new hire needing an October 1 start, it is almost always worth it.
Are H1B fees tax deductible?
For employers, H1B filing fees are generally deductible as a business expense. For employees paying premium processing or personal attorney fees, deductibility depends on the specific situation — consult a CPA.
What if an employer requires the employee to pay?
If an employer requires the H1B employee to pay the I-129 base fee, ACWIA fee, or fraud fee, the employer may be subject to DOL debarment and back-wage liability. Employees can file a complaint with the DOL Wage and Hour Division.