How Much Does H-1B Sponsorship Cost? Employer Requirements and Fees

The $100,000 headline fee that entered the news cycle in late 2025 made H-1B sponsorship costs sound catastrophic for every employer. The reality is more nuanced — that fee only applies to a specific subset of petitions — but the actual total cost of H-1B sponsorship is still substantial and often underestimated by both employers and the professionals hoping to be sponsored. Here is a precise breakdown of what sponsorship costs, what employers are legally required to do, and where the largest variables sit.

The 2026 USCIS Fee Schedule

Filing fees are set by statute and vary based on employer size and petition type. All fees below are as of 2026:

I-129 Base Filing Fee

• $460 for nonprofit organizations and for-profit companies with 25 or fewer employees
• $780 for for-profit companies with 26 or more employees

ACWIA Training Fee (mandatory for for-profit employers; cap-exempt nonprofits and universities are exempt)

• $750 for companies with fewer than 26 employees
• $1,500 for companies with 26 or more employees

Fraud Prevention and Detection Fee

• $500 flat, required only for initial H-1B petitions (new employment) and transfers to a new employer. Not charged for extensions with the same employer.

Asylum Program Fee (added in 2024)

• $0 for nonprofits
• $300 for companies with 25 or fewer employees
• $600 for companies with 26 or more employees

Public Law 114-113 Surcharge (the "Infosys fee")

• $4,500 for companies that employ 50 or more US workers where more than 50% of those workers are on H-1B or L-1 status
• Applies only to initial petitions and changes of employer

Premium Processing (optional)

• $2,965 for Form I-907, guarantees USCIS action within 15 business days
• Can be paid by either the employer or the employee (if solely for the employee's benefit)

The $100,000 Presidential Proclamation Fee

• Applies only to new cap-subject petitions filed for beneficiaries located outside the United States who require consular notification
• Change of status petitions for applicants already in the US (F-1 OPT students changing to H-1B status) are exempt
• This fee, introduced in September 2025, is currently being litigated — the case Global Nurse Force v. Trump is proceeding through federal courts, but the fee remains in effect while litigation continues

What a Typical Employer Actually Pays

For a standard initial H-1B petition filed by a US-based for-profit company with more than 25 employees, sponsoring a candidate who is already in the US on F-1 OPT (the most common scenario), the mandatory fee total is:

• Base filing fee: $780
• ACWIA training fee: $1,500
• Fraud prevention fee: $500
• Asylum program fee: $600
• Statutory minimum total: $3,380

If the employer adds premium processing: $3,380 + $2,965 = $6,345

This does not include:

• Attorney fees: immigration attorneys typically charge $3,000 to $7,000 for initial petition preparation and filing
• Credential evaluation fees if the beneficiary holds a foreign degree: $200–$500 per evaluation
• Translation costs for foreign documents: variable
• Any LCA-related costs (the FLAG system itself is free, but attorney time to prepare and certify the LCA is included in the overall attorney quote)

A realistic all-in cost for a large employer filing an initial H-1B with premium processing and a law firm: $10,000 to $14,000 per beneficiary.

For a small startup with fewer than 25 employees (no ACWIA fee surcharge), filing without premium processing and using a lower-cost immigration attorney: $4,000 to $7,000.

What Employers Are Legally Required to Do

Sponsoring an H-1B worker isn't just about writing a check. The employer takes on specific legal obligations before, during, and after the petition is filed.

Pre-filing: Labor Condition Application (LCA)

Before the I-129 can be submitted to USCIS, the employer must file a Labor Condition Application (Form ETA-9035/9035E) with the Department of Labor through the FLAG system. The LCA is free to file electronically and typically processed within seven business days.

On the LCA, the employer makes legally binding attestations:

• The H-1B worker will be paid at least the prevailing wage for the occupation and location, or the actual wage paid to similarly situated US workers — whichever is higher
• The employment of the H-1B worker will not adversely affect the working conditions of US workers in the same occupation
• There is no strike, lockout, or work stoppage in the occupation at the intended workplace
• US workers in the occupation have been notified of the LCA filing

Pre-filing: Workplace Notice

The employer must notify US workers at the intended worksite that an LCA has been filed. This notification must occur either on the day of filing or within 30 days before filing. The notice must be posted in two conspicuous locations at the worksite for 10 consecutive days, or published electronically to reach affected workers. The posting must disclose the wage being offered, the occupation title, and the period of employment.

During employment: Public Access File

Within one working day of filing the LCA, the employer must compile a Public Access File (PAF). This file must be available for public inspection on request and maintained for one year after the LCA's validity period. The PAF contains:

• A copy of the certified LCA
• Documentation of the actual wage paid
• A memo describing the wage system for similarly employed workers
• The source of the prevailing wage determination
• A benefits summary comparing H-1B worker benefits to US workers

Ongoing: Maintaining and amending the petition

The employer must file an H-1B amendment if the beneficiary's work location changes to an area not covered by the existing LCA, or if there is a material change in the job duties. For consulting arrangements, any significant change in the end-client placement may require an amendment.

Paying required wages even during non-productive periods

If an H-1B worker is "benched" — placed in a non-productive status for reasons attributable to the employer, such as lack of available work — the employer must still pay the full prevailing wage. The only exception is when the non-productive period is due entirely to the worker's own choice or actions.

Who Actually Bears the Fees

Most mandatory fees cannot legally be passed to the beneficiary. Specifically:

• The ACWIA training fee cannot be paid by the H-1B worker under any circumstances
• The Fraud Prevention fee cannot be paid by the H-1B worker

Premium processing is the exception: the employer can require the employee to pay the $2,965 premium processing fee if the premium processing is solely for the employee's personal benefit (e.g., the employee needs faster processing to start a new job sooner, but the employer doesn't particularly care about the timing).

In practice, many employers absorb premium processing costs for competitive hiring. But the legal prohibition on passing mandatory fees to beneficiaries is firm — attorneys have faced disciplinary action for structuring arrangements where the employee effectively reimburses these costs.

What Small Employers and Startups Should Know

The H-1B sponsorship process is significantly more accessible to small employers than many assume. A startup with 10 employees can legally file an H-1B petition. The key requirements are:

• Demonstrating ability to pay the prevailing wage (through tax returns, financial statements, or quarterly payroll records)
• Having a physical work location with an established corporate entity (articles of incorporation, active FEIN)
• Documenting a genuine employer-employee relationship where the company controls the work

For founders hoping to sponsor themselves under the new beneficiary-owner provisions of the 2025 Modernization Rule: your company can petition for you even if you own more than 50% of it, but the initial petition validity is limited to 18 months, and you must document that at least 51% of your working hours are spent performing specialty occupation duties, not administrative functions.

The US H-1B Specialty Occupation Visa Guide includes a complete LCA compliance checklist for employers and a step-by-step overview of the petition assembly process, including what to include to demonstrate ability to pay for newer or smaller companies.