H-1B Visa Costs 2025: Full Employer & Worker Guide

The H-1B visa is a key route for US employers seeking to hire foreign professionals in roles that require highly specialised knowledge and a bachelor’s degree or higher. The process involves several mandatory government fees and optional costs that vary depending on the employer’s size, structure, and the nature of the petition. Understanding which costs apply—and who is responsible for paying them—is essential to ensure compliance with US immigration regulations and to avoid rejected or delayed filings.

This guide provides a comprehensive overview of the H-1B visa costs and filing fees under current US immigration law, including employer and employee payment obligations, the recent USCIS fee updates effective from April 2024, and commentary on the proposed additional $100,000 payment announced under presidential direction. It also explains how to ensure petitions are filed correctly, how fees interact with prevailing wage obligations, and what employers must know when budgeting for new or extended H-1B sponsorships.

Section A: H-1B Visa Costs for Employers

US employers bear most of the H-1B visa costs. Filing the petition with the wrong amount or omitting proof of required payment will lead USCIS to reject the case outright. Employers must ensure the correct amount is paid for every applicable fee before submitting Form I-129 and its supporting documentation.

In addition to standard USCIS fees, a proposed $100,000 payment has been announced under a presidential directive scheduled to take effect from 12:01 a.m. EDT on 21 September 2025. This additional payment is not yet final and is subject to litigation and potential modification. Employers should therefore treat this as a proposed or pending requirement rather than an active statutory fee until confirmed by federal rulemaking or judicial outcome.

*Premium processing may be paid by the employee if the service is primarily for their benefit and does not reduce their salary below the required wage level. Employers remain responsible for business expenses associated with the petition, including all mandatory filing fees that law assigns to the employer.

1. Proposed $100,000 Payment on H-1B Petitions

A presidential proclamation issued in mid-2025 outlined an additional $100,000 payment to apply to certain new H-1B petitions from 21 September 2025. The payment is to be made through the US Treasury’s pay.gov system prior to filing Form I-129, with proof of payment enclosed in the petition package. The requirement—if implemented—would apply to new filings, including consular notification cases and petitions for beneficiaries outside the United States without valid H-1B status. It would not apply to extensions or amendments with the same employer.

At the time of writing, this measure remains proposed and is under federal review and legal challenge. Employers should monitor official USCIS and Department of Labor updates before making any payment, and seek legal advice before relying on draft or litigated provisions.

2. Electronic Registration Fee

Each employer must complete electronic registration for every prospective H-1B beneficiary during the USCIS registration window, typically held each March. From the FY 2026 cap season onward, the registration fee is $215 per beneficiary. Payment is made online when the employer submits the registration. If the number of registrations exceeds the annual quota, USCIS will conduct a random lottery to select which petitions may proceed.

3. Basic Filing Fee (Form I-129)

For petitions filed on or after 1 April 2024, the standard Form I-129 filing fee is $780. Qualifying small employers and nonprofit organisations pay a reduced rate of $460. Under the 2024 fee rule, a “small employer” is defined as one with 25 or fewer full-time equivalent employees. USCIS will reject any petition submitted with the incorrect fee amount or without the required payment evidence.

4. ACWIA Education and Training Fee

Under the American Competitiveness and Workforce Improvement Act (ACWIA), employers contribute to a US worker training fund through an additional fee based on their workforce size:

• $750 for employers with 25 or fewer employees
• $1,500 for employers with more than 25 employees

Exemptions apply to higher-education institutions, nonprofit organisations affiliated with such institutions, nonprofit and governmental research organisations, primary and secondary schools, and nonprofits providing curriculum-related clinical training. The fee must be paid by the employer and cannot be passed to the employee.

5. Fraud Prevention and Detection Fee

Employers pay a $500 fraud prevention and detection fee on each initial H-1B petition and on change-of-employer filings. It does not apply to extensions with the same employer. Petitions filed under the Chile and Singapore Free Trade Agreements (H-1B1 category) are exempt from this fee.

6. Public Law 114-113 Fee

Employers with 50 or more US employees where more than half of those employees hold H-1B or L-1 status must also pay a $4,000 fee whenever the fraud fee applies. In practice, this means the fee is due on initial and change-of-employer petitions that trigger the fraud fee, but not on simple extensions with the same employer. The fee is non-refundable and must be included in the petition filing package.

Section A Summary: Employers are responsible for the majority of H-1B visa fees. They must budget for the I-129 filing fee, ACWIA fee, fraud fee, Asylum Program fee, and any Public Law 114-113 charge that applies. Additional costs may include premium processing and, if implemented, the proposed $100,000 payment. Failing to submit the correct fees or proof of payment will result in petition rejection by USCIS.

Section B: H-1B Visa Costs for Employees

While most H-1B-related expenses must be covered by the sponsoring employer, certain costs fall to the individual applicant. These primarily relate to the visa stamping process at a US embassy or consulate outside the United States. The following explains the employee-side fees, who pays them, and how they fit within the broader compliance rules under US immigration law.

1. Consular Application Fees (MRV and Reciprocity)

Applicants attending a consular interview are required to pay the Machine Readable Visa (MRV) fee of $205 directly to the US Department of State. This fee covers processing of the DS-160 application form and scheduling of the visa interview. The MRV fee is non-refundable, even if the visa is refused or withdrawn.

Some nationalities are subject to an additional reciprocity fee, charged in line with the US reciprocity schedule published by the Department of State. The reciprocity fee varies by country and visa classification and is payable after visa approval but before issuance. Applicants can verify current reciprocity fees using the official US State Department reciprocity database.

Employers are not legally required to pay MRV or reciprocity fees, though many choose to reimburse these as part of an employment relocation package or internal policy. Where such reimbursement occurs, it does not alter the underlying rule that business-related USCIS fees remain the employer’s responsibility.

2. Dependents and H-4 Visa Fees

Dependents of H-1B workers—spouses and unmarried children under 21—apply for H-4 visas. Each H-4 applicant pays the same MRV fee of $205 and, if applicable, any reciprocity fee tied to nationality. These fees are payable directly to the Department of State through the consular system. The primary H-1B employer is not obligated to pay for dependent applications, though some organisations offer support to maintain family stability and aid employee retention.

3. Optional Premium Processing

Premium processing is an optional USCIS service that guarantees a decision or action within 15 calendar days for eligible H-1B petitions. The fee is $2,805, paid using Form I-907. Either the employer or employee may cover this fee, depending on who benefits from the expedited processing.

If the employee pays the premium processing fee, it must be primarily for their personal benefit—for example, to secure faster travel clearance—and must not reduce their pay below the required prevailing or actual wage rate. Employers remain responsible for all other filing fees that are business expenses under federal regulation (20 CFR §655.731(c)(9)).

USCIS refunds the premium processing fee if it fails to act within the 15-day window, though the petition continues to receive expedited handling. Employers and employees should confirm that premium processing is available for their petition type at the time of filing, as USCIS occasionally suspends the service during heavy intake periods.

4. Travel and Supporting Costs

Employees may also incur costs for document preparation, translations, courier services, and travel to attend visa interviews or biometrics appointments. These ancillary expenses are typically borne by the applicant unless the employer offers reimbursement. They are not government fees but can materially affect the overall cost of obtaining or renewing H-1B status.

Section B Summary: Employees are generally responsible for the MRV fee, any applicable reciprocity fee, and optional personal expenses such as travel or premium processing when undertaken for personal convenience. Employers remain legally required to pay business-related USCIS fees, including filing, fraud, ACWIA, and asylum program charges. Correct fee allocation is critical to maintaining compliance with US Department of Labor wage rules and USCIS petition requirements.

Section C: H-1B Premium Processing Fee

Premium processing is an optional USCIS service available to employers and employees seeking faster adjudication of their H-1B petitions. It enables USCIS to issue an approval, denial, Request for Evidence (RFE), or Notice of Intent to Deny (NOID) within 15 calendar days of receiving Form I-907 and the applicable fee. This expedited option is widely used to shorten decision times in time-sensitive or business-critical cases.

1. What Premium Processing Covers

The premium processing service applies to most H-1B petitions, including initial filings, amendments, extensions, and change-of-employer petitions. When the fee is accepted, USCIS guarantees to take action within 15 calendar days. If it fails to do so, the premium processing fee is automatically refunded, and the case continues to receive expedited treatment.

The premium processing service only expedites the adjudication by USCIS. It does not accelerate other required stages such as Labor Condition Application (LCA) certification by the Department of Labor or visa stamping at a consulate abroad. Applicants relying on consular processing must still attend interviews and comply with Department of State scheduling timelines.

2. Premium Processing Fee Amount and Payment

The fee for premium processing is $2,805. The fee is paid using Form I-907, which must be submitted with the H-1B petition or filed later if the petitioner wishes to upgrade an already-filed case. Payment can be made by cheque, money order, or credit card via Form G-1450 when filing electronically or by mail.

Either the employer or the employee may pay this fee, depending on who primarily benefits from the expedited process. If the employer pays, it is treated as a business expense. If the employee pays, it must be primarily for their benefit—for instance, where the employee requires a quicker start date for personal reasons such as relocation or travel scheduling. The employee’s payment cannot result in their effective wage falling below the required wage level as attested in the certified LCA.

3. When the Premium Clock Stops and Restarts

If USCIS issues a Request for Evidence or Notice of Intent to Deny, the 15-day premium processing clock stops. A new 15-day countdown begins when USCIS receives the petitioner’s complete response. The same applies when USCIS reopens or reconsiders a petition following an administrative appeal. During high filing periods, USCIS may suspend premium processing temporarily to manage workflow, but it will reinstate the service as capacity permits.

Employers using premium processing should ensure that all supporting evidence, including the certified Labor Condition Application, employer letters, and wage documentation, are complete at the time of filing to avoid unnecessary RFE delays that interrupt the premium clock.

4. Refund and Service Integrity

Where USCIS fails to take adjudicative action within the 15-day period, it will refund the $2,805 premium processing fee automatically while continuing to prioritise the case. This guarantee is codified under 8 CFR §103.7(e). Petitioners should monitor case status updates through the USCIS online case tracking system to confirm processing progress and verify any applicable refund.

Section C Summary: Premium processing remains an optional but valuable tool for employers and foreign workers who need certainty over adjudication timelines. The service costs $2,805 and guarantees USCIS action within 15 calendar days. Either the employer or employee may pay the fee depending on who benefits, but all payments must comply with wage protection regulations. Timely document preparation and accurate fee payment are key to avoiding clock suspensions or petition rejections.

Section D: How to Apply for an H-1B Visa

Applying for an H-1B visa involves several sequential steps that must be followed precisely to ensure the petition is accepted for processing. Both the sponsoring employer and the foreign national employee play a role at different stages of the process. From initial registration through to visa stamping and entry to the United States, each step carries procedural and timing requirements that must be carefully observed.

1. Electronic Registration with USCIS

The first stage for all cap-subject H-1B petitions is electronic registration with the US Citizenship and Immigration Services (USCIS). The employer—or its authorised representative—creates an online USCIS account and submits registrations for each prospective H-1B beneficiary during the annual registration period, typically held in March. Each registration requires a $215 non-refundable fee and must include the beneficiary’s personal details and job information.

If the number of registrations exceeds the statutory annual cap, USCIS conducts a random lottery. Selected employers are then invited to submit full petitions. The standard H-1B cap provides 65,000 visas each fiscal year, with an additional 20,000 visas available to beneficiaries holding a US master’s degree or higher. Certain employers—such as universities, nonprofit research organisations, and governmental research institutions—are cap-exempt and may file at any time.

2. Labor Condition Application (LCA) with the Department of Labor

Before filing Form I-129, the employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor (DOL). The LCA ensures that the H-1B worker will receive at least the higher of the prevailing wage for the occupation in the local area or the actual wage paid to similarly employed US workers. It also confirms that employing the H-1B worker will not adversely affect the working conditions of other employees.

The LCA is submitted electronically through the DOL’s FLAG system and generally takes up to seven working days to certify. There is no government fee to file the LCA. The employer must post or electronically share the required notice of filing within the organisation, detailing the job title, wage rate, and work location. A copy of the certified LCA must be included with the H-1B petition and retained in the employer’s public access file.

3. Filing Form I-129 with USCIS

Once the LCA is certified, the employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS. The petition package includes:

• Completed and signed Form I-129 and H Classification Supplement
• Certified Labor Condition Application
• Filing fee payments (cheques or pay.gov confirmations)
• Employer support letter outlining job duties and need for a specialty occupation worker
• Proof of the beneficiary’s qualifications (degree certificates, evaluations, or licensure)
• Evidence of the employer–employee relationship and business operations

Petitions can be submitted up to six months before the intended employment start date. USCIS opens the filing window after lottery selection results are announced, typically in early April. Failure to include the correct fees, signatures, or proof of pay.gov payment (where applicable) will lead to rejection.

4. USCIS Review and Decision

USCIS reviews the petition to verify eligibility under the H-1B regulations. The agency may approve the case outright, request additional evidence (RFE), issue a Notice of Intent to Deny (NOID), or deny the petition. Petitioners who select premium processing receive a decision or further action within 15 calendar days, while standard petitions follow normal processing times, which vary by workload and service centre.

Upon approval, USCIS issues Form I-797 Approval Notice. If the beneficiary is in the United States and requested a change or extension of status, they may begin employment immediately upon the start date. If the beneficiary is abroad, they must apply for a visa at a US embassy or consulate before travelling to the United States.

5. Visa Stamping and Entry to the United States

For beneficiaries outside the United States, the next stage is applying for an H-1B visa at a US embassy or consulate. The applicant must complete Form DS-160, pay the $205 Machine Readable Visa (MRV) fee, schedule an interview, and attend a biometrics appointment if required. The consular officer will review the case and may issue the visa if eligibility is confirmed.

Once issued, the visa is stamped into the applicant’s passport, allowing travel to a US port of entry. The H-1B worker must present the visa and Form I-797 Approval Notice to Customs and Border Protection (CBP) officers upon arrival. Entry is generally granted up to 10 days before the start date listed on the I-797.

6. Maintaining Status After Entry

After beginning employment, both the employer and employee must comply with ongoing status maintenance requirements. The worker must perform only the duties listed in the petition and at the authorised worksite(s). Any material change to job title, salary, or location generally requires an amended petition and new LCA. Employers must also maintain all documentation in compliance with Department of Labor and USCIS audit rules.

Section D Summary: The H-1B process begins with electronic registration, followed by LCA certification, petition filing with USCIS, and visa stamping for those outside the United States. Compliance at each stage—particularly correct fee payment and documentation—is critical to avoid rejection or delays. Employers should also ensure all post-approval obligations are met to preserve the worker’s lawful status and avoid penalties during audits.

Section E: H-1B Visa Requirements

To qualify for an H-1B visa, both the foreign national employee and the sponsoring U.S. employer must meet specific statutory and regulatory requirements. The petition must clearly demonstrate that the position qualifies as a “specialty occupation,” that the beneficiary possesses the necessary qualifications, and that the employer will pay the required wage. Each element must be substantiated through documentary evidence submitted with the petition.

1. Specialty Occupation Criteria

A specialty occupation is defined under 8 CFR § 214.2(h)(4)(ii) as one that requires the theoretical and practical application of a body of highly specialised knowledge and attainment of at least a bachelor’s degree or its equivalent in a specific specialty. To establish that a position qualifies as a specialty occupation, the petitioner must demonstrate that at least one of the following criteria is met:

• A bachelor’s or higher degree (or its equivalent) is normally the minimum requirement for entry into the position.
• The degree requirement is common to the industry in parallel positions among similar organisations, or the job is so complex or unique that it can be performed only by an individual with such a degree.
• The employer normally requires a degree or its equivalent for the position.
• The nature of the duties is so specialised and complex that the knowledge required to perform them is usually associated with the attainment of a bachelor’s or higher degree.

The job description should be detailed enough to establish that the role meets one or more of these criteria. Examples of typical H-1B specialty occupations include engineers, scientists, computer analysts, architects, accountants, and medical professionals.

2. Employee Qualification Standards

The employee must demonstrate they are qualified to perform the duties of the specialty occupation. USCIS recognises three main qualification routes:

• Possession of a U.S. bachelor’s degree or higher in the specific specialty required by the position.
• Holding a foreign degree equivalent to a U.S. bachelor’s degree or higher in the relevant field, as verified by a qualified credential evaluation service.
• Holding an unrestricted state license, registration, or certification that authorises the individual to fully practice the specialty occupation in the state of intended employment.

Alternatively, an applicant may qualify through a combination of education, specialised training, and progressive professional experience equivalent to a U.S. bachelor’s degree in the specialty. The evidence must include detailed employment verification letters outlining job duties and responsibilities to establish the equivalency under 8 CFR § 214.2(h)(4)(iii)(D)(5).

3. Wage Level and Labor Condition Application (LCA) Compliance

Employers are required to pay the higher of the prevailing wage or the actual wage for the position, as attested to in the certified Labor Condition Application (LCA). This protects U.S. workers by ensuring that hiring foreign professionals does not depress local wage standards.

The prevailing wage represents the average wage for workers in the same occupation and geographic area, based on data from the Department of Labor’s Occupational Employment and Wage Statistics survey or an equivalent independent survey. The actual wage is the rate paid by the employer to other workers with similar experience and qualifications performing the same duties. If the two amounts differ, the higher figure must be paid.

The LCA requires the employer to attest to several conditions, including payment of the required wage, maintenance of working conditions for U.S. employees, and the absence of strikes or lockouts in the occupational classification at the worksite. Employers must post or electronically distribute notice of the LCA filing to affected employees and retain documentation in a public access file for inspection.

4. H-1B “Exempt” Worker Status under ACWIA

The often-quoted figure of $60,000 in H-1B discussions does not represent a minimum salary for all H-1B workers. Instead, it appears in the American Competitiveness and Workforce Improvement Act (ACWIA) provisions defining an “exempt” H-1B worker for limited purposes. An employee is considered exempt if they are paid at least $60,000 annually or hold a U.S. master’s degree or higher in a relevant field. The exemption affects certain additional attestations required from H-1B-dependent employers, not the prevailing wage calculation. Regardless of exemption status, all employers must still pay the higher of the prevailing or actual wage.

5. Restrictions on Deductions and Cost-Shifting

Under Department of Labor regulations (20 CFR § 655.731(c)(9)), employers may not require the H-1B worker to pay, directly or indirectly, business expenses that would reduce their wages below the required wage rate. This includes mandatory petition filing fees, the ACWIA fee, the fraud prevention fee, and the asylum program fee. Any deductions for such costs are considered unlawful. Optional expenses, such as premium processing, may be paid by the employee only when primarily for their benefit and when doing so does not reduce their effective pay below the required level.

6. Compliance with Terms and Worksite Changes

The H-1B visa is employer-specific and location-specific. Any material change in job duties, salary, or worksite location requires filing an amended petition and obtaining a new LCA covering the new terms. Failure to do so can result in status violations and potential penalties for the employer. Employers should notify USCIS promptly of terminations, layoffs, or material changes and maintain evidence of compliance for inspection during audits.

Section E Summary: The H-1B visa requires a qualifying specialty occupation, a suitably qualified worker, and full wage compliance under the Labor Condition Application. Employers must pay the higher of the prevailing or actual wage and cannot pass statutory business costs to employees. Proper documentation of job duties, credentials, and wage level is essential for approval and ongoing compliance with USCIS and Department of Labor regulations.

Section F: Need Assistance?

Given the high cost and procedural complexity of the H-1B process, accurate fee payment and compliance at each stage are critical. Even minor administrative oversights—such as incorrect filing fees, missing pay.gov proof, or inconsistent LCA data—can lead to immediate rejection by USCIS or later compliance issues under Department of Labor scrutiny. For employers managing multiple petitions, the process can become particularly burdensome without expert legal oversight.

The 2024 USCIS fee changes, coupled with the proposed $100,000 surcharge for certain new petitions, significantly increase the financial exposure for petitioning employers. Although the presidentially directed $100,000 payment remains under legal and administrative review, employers should prepare internal systems for potential proof-of-payment procedures and adjust immigration budgets accordingly. Ongoing litigation means this fee could be suspended, reduced, or modified before implementation.

Professional legal support can assist employers in navigating these developments, ensuring that filings are accurate and compliant with both USCIS and Department of Labor rules. A qualified immigration attorney can:

• Verify eligibility for cap-subject or cap-exempt H-1B filings
• Confirm proper fee allocation between employer and employee to maintain wage compliance
• Assist in calculating and documenting the correct prevailing wage under DOL standards
• Prepare and review LCAs to ensure all attestations and worksite details are accurate
• Manage timing between registration, petition filing, and visa stamping to avoid missed deadlines
• Monitor USCIS policy updates and emerging federal litigation affecting H-1B fees

Employers that routinely sponsor H-1B workers may also benefit from developing internal compliance protocols and training HR personnel on immigration fee obligations. Maintaining detailed documentation of all payments, filings, and communications with counsel will support audit readiness and reduce the risk of penalties in the event of a government inspection.

For case-specific guidance on H-1B eligibility, filing timelines, or fee allocation responsibilities, employers should seek advice from a U.S. immigration attorney with direct experience in employment-based petitions and Department of Labor compliance. Independent consultation ensures petitions are structured correctly and that all wage, payment, and procedural requirements are met before filing.

Section F Summary: As H-1B compliance becomes increasingly complex, professional guidance is crucial to ensure filings meet legal requirements and withstand scrutiny from USCIS and the Department of Labor. Employers should plan for recent and potential fee changes, maintain precise payment records, and seek expert assistance to prevent costly rejections or penalties. Legal support can help align immigration strategy with business needs and future workforce planning.

Section G: H-1B Visa Costs FAQs

Employers and applicants frequently have questions about H-1B visa costs, who pays what, and how fees apply to specific scenarios such as premium processing or dependents. The following frequently asked questions summarise the current position under U.S. immigration law and the 2024 USCIS fee schedule, with clarification on proposed future changes.

How much does it cost to get an H-1B visa?

The total cost of obtaining an H-1B visa varies depending on employer size, petition type, and whether premium processing or consular processing applies. Typical mandatory fees include the I-129 filing fee, the ACWIA training fee, the $500 fraud fee, and the Asylum Program fee. Optional charges such as premium processing may apply if faster adjudication is needed.

For covered new petitions filed on or after 21 September 2025, a proposed additional payment of $100,000 may apply under presidential directive, though this measure remains under legal review and is not yet confirmed.

What is the basic filing fee for an H-1B petition?

The basic filing fee for Form I-129 is $780, or $460 for qualifying small employers and nonprofit organisations. The employer is responsible for paying this fee and must include proof of payment with the petition. USCIS will reject any petition submitted with an incorrect or missing filing fee.

Are there additional fees beyond the basic filing fee?

Yes. Employers must also pay the following where applicable:

• $500 Fraud Prevention and Detection fee on initial and change-of-employer filings
• $750 ACWIA fee for employers with 25 or fewer employees, or $1,500 for those with more than 25 employees
• $600 Asylum Program fee (reduced to $300 for small employers and exempt for nonprofits)
• $4,000 Public Law 114-113 fee for large employers with over 50 U.S. employees where more than half hold H-1B or L-1 status

Employers may also pay for optional premium processing at $2,805 if faster adjudication is required. If implemented, the proposed $100,000 presidential payment would apply only to certain new filings.

Who is responsible for paying H-1B visa fees?

Under Department of Labor regulations, the employer must pay all mandatory filing fees, including the I-129, ACWIA, fraud, and Asylum Program fees, as well as the Public Law 114-113 charge where applicable. Employers are prohibited from shifting these costs to employees if doing so would lower their pay below the required wage rate.

The employee is generally responsible for consular application costs such as the $205 MRV fee and any applicable reciprocity fee. Premium processing may be paid by either party, provided that payment by the employee is primarily for their benefit and does not reduce wages below the required level.

What is the ACWIA fee and who pays it?

The American Competitiveness and Workforce Improvement Act (ACWIA) fee is $750 for employers with 25 or fewer employees and $1,500 for employers with more than 25 employees. This fee funds U.S. worker training initiatives and must be paid by the employer. Certain organisations, including higher education institutions and nonprofit research entities, are exempt.

Is there a fee for premium processing?

Yes. The premium processing fee is $2,805. USCIS guarantees to issue an approval, denial, RFE, or NOID within 15 calendar days of receiving Form I-907 and the fee. If USCIS fails to act within the timeframe, the fee is refunded automatically, and the case continues to receive expedited handling.

What is the proposed $100,000 H-1B payment?

A presidential proclamation issued in 2025 proposed an additional $100,000 payment for certain new H-1B petitions filed on or after 21 September 2025. The payment would be made through the U.S. Treasury’s pay.gov system prior to petition submission, with proof included in the filing package.

This measure is not yet in effect and remains subject to ongoing litigation and federal review. Employers should monitor official USCIS announcements and seek legal advice before making any payment under draft or contested provisions.

Are there costs associated with visa stamping?

Applicants attending a U.S. consulate or embassy abroad must pay the $205 MRV fee directly to the Department of State. Some applicants also pay a reciprocity fee, which varies by nationality. These are typically personal costs, although some employers reimburse them under relocation policies.

Can H-1B fees be refunded if a petition is denied?

Generally, USCIS fees are non-refundable even if a petition is denied, withdrawn, or revoked. The only exception is the premium processing fee, which is refunded automatically if USCIS does not act within the guaranteed 15-day timeframe. Refunds are not issued for petitions denied on substantive or evidentiary grounds.

Is there a minimum salary for H-1B workers?

There is no universal minimum salary for H-1B employment. Employers must pay the higher of the prevailing wage or actual wage for the position, as confirmed in the certified Labor Condition Application. The often-referenced $60,000 threshold relates solely to ACWIA’s definition of “exempt” H-1B workers for certain H-1B-dependent employers. It does not replace or override the prevailing wage rule.

How can employers ensure compliance with fee payment rules?

Employers should maintain written proof of all H-1B-related payments, including cheques, receipts, or pay.gov confirmations. Records must demonstrate that the company—not the employee—paid all business-related fees. During Department of Labor audits, these records serve as evidence of compliance with wage protection and cost allocation rules.

Section G Summary: The H-1B visa process involves multiple fees payable to USCIS and the Department of State. Employers are responsible for most statutory costs, while employees handle consular fees and optional services primarily benefiting them. Proposed future fees, such as the $100,000 surcharge, remain unconfirmed. Keeping thorough documentation of all payments ensures compliance and protects both employer and worker during audits or investigations.

Section H: Glossary

The following glossary explains key H-1B visa terms used throughout this guide. These definitions reflect current U.S. immigration law and procedural standards under the Immigration and Nationality Act (INA), the Code of Federal Regulations (CFR), and USCIS and Department of Labor guidance.

Useful Links

The following resources provide official information, guidance, and reference materials for employers and applicants dealing with H-1B visa fees, filing requirements, and compliance responsibilities.