Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a qualified immigration attorney for guidance specific to your company's situation.
An H-1B petition in 2026 requires between $3,380 and $6,185 in mandatory USCIS government fees for a large employer, depending on whether premium processing is used. Small employers and nonprofits pay less due to reduced ACWIA and Asylum Program fees. Understanding exactly what each fee covers — and who is legally required to pay it — is essential for IT staffing companies managing petition budgets at scale.
Mandatory USCIS Fees
Every H-1B petition filed on Form I-129 triggers a set of USCIS fees. Some are universally required; others depend on employer size or petition type.
| Fee | 2026 Amount | Who Pays | Applies To | Notes | |---|---|---|---|---| | I-129 Base Filing Fee | $780 | Employer | All petitions | Cannot be charged to worker | | ACWIA Training Fee (large) | $1,500 | Employer | Employers with 26+ employees | Cannot be charged to worker | | ACWIA Training Fee (small) | $750 | Employer | Employers with 1–25 employees | Cannot be charged to worker | | Fraud Prevention & Detection Fee | $500 | Employer | Initial petitions and transfers | Cannot be charged to worker | | Asylum Program Fee (large employer) | $600 | Employer | Employers with 26+ employees | Cannot be charged to worker | | Asylum Program Fee (small/nonprofit) | $300 | Employer | Small employers / nonprofits | Cannot be charged to worker | | Premium Processing | $2,805 | Employer or worker (by agreement) | Optional — any petition | Guarantees 15 business days, not calendar days |
The total mandatory government fees for a large employer filing an initial petition, without premium processing, is $3,380. For a large employer who elects premium processing, that rises to $6,185.
Extensions do not trigger the Fraud Prevention & Detection Fee, reducing the fee burden to $2,880 for large employers on standard processing.
The ACWIA Training Fee: Small vs Large Employer
The American Competitiveness and Workforce Improvement Act (ACWIA) Training Fee funds job training programs for US workers. It applies to most H-1B petitions but varies significantly based on employer size.
Large employer (26+ full-time equivalent employees): $1,500 per petition.
Small employer (25 or fewer full-time equivalent employees): $750 per petition.
Exempt from the ACWIA fee entirely:
- Primary and secondary education institutions
- Institutions of higher education
- Nonprofit entities related to or affiliated with institutions of higher education
- Nonprofit research organizations or governmental research organizations
For IT staffing companies, the large employer threshold is almost always met. However, it is worth auditing your actual full-time equivalent count if you are near the 25-employee line, as the $750 difference per petition adds up quickly at volume.
The ACWIA fee applies to initial petitions and most extensions. It does not apply to amendments that involve no change in employer.
Premium Processing: When It's Worth It
Premium processing ($2,805 in 2026) is the most frequently misunderstood H-1B fee. It guarantees that USCIS will take action — issue an approval, denial, or Request for Evidence — within 15 business days of receipt. That is approximately 3 calendar weeks, not 15 calendar days.
Premium processing is worth paying when:
- A worker has an imminent start date that cannot wait for standard processing (currently 3–6+ months in 2026)
- An existing H-1B worker's status is expiring and continued work authorization is time-sensitive
- A client engagement has a specific start date with contractual implications
Premium processing is not worth paying when:
- The petition is filed well in advance of any work start date
- The employer has flexibility in project staffing timelines
- An RFE is likely — premium processing still results in an RFE, which resets the clock and requires a separate response period
An important operational note: USCIS can convert a premium processing petition to standard processing if it needs additional time or resources. Paying the fee does not guarantee an approval; it guarantees a response within the timeframe.
Fees That Cannot Be Passed to the Worker
Federal law and Department of Labor regulations strictly prohibit employers from charging H-1B workers for certain fees. Doing so can constitute an LCA violation and expose the employer to back-wage liability and civil penalties.
Fees that cannot be passed to the H-1B worker under any circumstances:
- I-129 Base Filing Fee ($780) — This is the employer's cost of doing business.
- ACWIA Training Fee ($750 or $1,500) — Explicitly prohibited by statute.
- Fraud Prevention & Detection Fee ($500) — Employer-only obligation.
- Asylum Program Fee ($300 or $600) — Employer-only obligation.
Premium processing ($2,805) occupies a gray area. USCIS has stated that employers may charge workers for premium processing only if the worker, not the employer, specifically requests it. In practice, most employers absorb this cost to avoid compliance exposure.
Attorney fees are also generally considered the employer's obligation for the same policy reasons, though the rules here are less explicit. Many employers choose to cover attorney fees entirely rather than risk a DOL complaint.
Fee Exemptions and Waivers
Certain employer types qualify for reduced or waived fees:
Exempt from ACWIA Training Fee:
- Institutions of higher education
- Nonprofits affiliated with institutions of higher education
- Primary and secondary schools
- Nonprofit research organizations
Reduced Asylum Program Fee:
- Employers with 25 or fewer full-time equivalent employees pay $300 instead of $600
- Nonprofits pay $0 (fully exempt from the Asylum Program Fee)
Fraud Prevention Fee Waiver:
- Does not apply to extensions (only to initial filings and transfers)
- Exempt employers include certain Chile/Singapore Free Trade Agreement H-1B1 petitions
IT staffing companies structured as for-profit entities with more than 25 employees will generally not qualify for any significant exemptions. Understanding this clearly prevents budgeting errors based on incorrect assumptions about fee waivers.
2026 Fee Changes vs. Prior Years
The most significant fee changes affecting H-1B petitions occurred with the USCIS fee rule that took effect in April 2024. Those changes remain in effect for 2026.
Key changes that are now locked in:
- I-129 base fee increased from $460 to $780 — a 70% increase.
- Asylum Program Fee ($600 for large employers) was newly created; it did not exist prior to 2024.
- Premium processing increased from $2,500 to $2,805.
- ACWIA Training Fee remained unchanged at $750/$1,500 but the definition of who qualifies as a "small employer" was clarified.
There are no currently proposed fee changes for 2026 beyond what is already in effect. However, regulatory changes under new administrations can move quickly. IT staffing companies should monitor USCIS fee announcements and budget conservatively.
For strategies to reduce your total per-petition spend — including volume attorney arrangements and automation — see our guide on reducing H-1B processing costs.