H-1B process after lottery - 5 steps from selection to your October start date
8 mins read | Apr 15, 2026
USCIS FEES, ATTORNEY COSTS, AND HIDDEN EXPENSES
Contributor
Tukki
Reading time
8 mins read
Date published
Apr 16, 2026
How much does it cost a company to sponsor an H-1B visa? The short answer: between roughly $2,925 and $6,500 for most employers, before premium processing and the new $100,000 proclamation fee. The real number depends on your company's size, whether you're filing a first-time petition or an extension, and a handful of case-specific factors that can swing the total by thousands of dollars.
If you're an HR manager, founder, or in-house counsel trying to build a budget for H-1B sponsorship, this guide walks through every fee line by line so you know exactly what to expect. For a broader comparison of U.S. work visa costs across visa types, we have a separate breakdown. This article focuses specifically on the employer side of H-1B sponsorship.
The H-1B process starts with the lottery registration, and it starts costing money before your employee is even selected. USCIS charges a $215 registration fee per beneficiary. If you're registering multiple candidates, that fee applies to each one.
This fee is non-refundable. If your employee isn't selected in the H-1B lottery, you don't get it back. Most employers also pay attorney fees at this stage for managing the electronic registration, reviewing the submission, and advising on beneficiary eligibility. Depending on your attorney's pricing model, expect registration-stage legal costs to run a few hundred dollars per candidate.
Think of this as the cost of entry. You're paying $215 per person for a chance at selection, not a guarantee.
Once your employee is selected in the lottery, the real costs begin. USCIS requires several mandatory fees when filing the Form I-129 (Petition for a Nonimmigrant Worker). The exact total depends on whether your company has more or fewer than 26 employees.
The I-129 base filing fee is $780 for employers with 26 or more employees and $460 for employers with 25 or fewer employees (and nonprofits). This covers USCIS adjudication of the petition itself.
The American Competitiveness and Workforce Improvement Act (ACWIA) training fee funds workforce training programs for U.S. workers. It's $1,500 for companies with 26 or more employees and $750 for companies with 25 or fewer. This fee applies to both initial petitions and extensions.
USCIS charges a flat $500 Fraud Prevention and Detection Fee on initial H-1B petitions and change-of-employer petitions. If you're extending an employee who's already working for you, this fee doesn't apply. That's one of the few cost breaks you'll get on an extension.
This newer fee is $600 for employers with 26 or more employees and $300 for smaller employers. Nonprofits are exempt entirely.
Here's what the mandatory USCIS fees look like side by side:
| Fee | Large employer (26+) | Small employer (25 or fewer) |
|---|---|---|
| I-129 base filing fee | $780 | $460 |
| ACWIA training fee | $1,500 | $750 |
| Fraud Prevention and Detection fee | $500 | $500 |
| Asylum Program fee | $600 | $300 |
| Total mandatory USCIS fees | $3,380 | $2,010 |
These are the baseline costs before attorney fees, premium processing, or any special surcharges.

This is the line item that catches most employers off guard. Presidential Proclamation 10973, signed in September 2025, introduced a $100,000 fee on new H-1B petitions that require consular processing. The fee has specific scope and limitations that vary by situation, so it's worth consulting with an immigration attorney to determine whether it applies to your case.
The fee applies to new H-1B petitions where the beneficiary will go through consular processing to obtain their visa. If your employee is already in the U.S. and filing through change of status, this fee doesn't apply. Because the fee's scope and limitations are still being defined through litigation, talk to an attorney before assuming it does or doesn't apply to your specific filing.
The $100,000 fee is currently in effect, but it faces serious legal challenges. Three separate lawsuits have been filed contesting the fee's legality. Courts have not issued a final ruling as of this writing. Employers should be aware the fee exists and could apply to their petition, but the legal picture is still developing. Don't assume it will go away, and don't assume it's permanent.
Premium processing is optional. By filing Form I-907 with a $2,965 fee, USCIS guarantees an initial response within 15 business days. Without it, regular processing can take several months.
For employers with tight start dates, client project deadlines, or employees transitioning from expiring work authorization, premium processing is often worth the cost. If timing isn't a concern and you can wait, skipping it saves nearly $3,000. For a deeper look at when premium processing makes sense and how it works in practice, see our H-1B premium processing guide.
Estimate your H-1B sponsorship costs
Attorney fees for H-1B sponsorship typically range from $1,500 to $4,000. That range covers the Labor Condition Application (LCA) filing with the Department of Labor, petition preparation, USCIS correspondence, and responding to a Request for Evidence (RFE) if one comes back. Where you land in that range depends on the attorney or firm you work with, their pricing model, and the level of support included.
One rule that trips some employers up: you can't pass H-1B petition costs to the employee. Federal regulations require the employer to cover the I-129 filing fees, the ACWIA training fee, and the Fraud Prevention and Detection fee. The employee may pay for premium processing if it's requested for their own benefit, but the core petition costs are the employer's responsibility. An immigration attorney can clarify exactly which costs your company must cover.
There's one more fee that hits a specific group of employers. The Public Law 114-113 fee of $4,000 applies to companies with 50 or more employees where more than 50% of those employees hold H-1B or L-1 status. This is sometimes called the "H-1B dependent employer" surcharge. It only applies to filings where the Fraud Prevention and Detection fee is also required, meaning initial petitions and change-of-employer petitions. If you're filing an extension with the same employer, this surcharge doesn't apply.
Most startups, mid-size companies, and traditional corporations won't hit this threshold. It primarily affects large IT outsourcing and consulting firms. But if your company's headcount skews heavily toward H-1B and L-1 workers, budget for this additional $4,000 per petition.
Here's what the full picture looks like across different employer profiles. These totals include USCIS fees and a mid-range attorney fee estimate of $2,500.
| Scenario | Estimated total |
|---|---|
| Small employer (25 or fewer), no premium processing | $4,510 - $6,010 |
| Large employer (26+), no premium processing | $5,880 - $7,380 |
| Large employer (26+) with premium processing | $8,845 - $10,345 |
| H-1B dependent employer (26+) with surcharge | $9,880 - $11,380 |
| Any of the above + $100K proclamation fee | Add $100,000 |
These figures assume an initial H-1B petition. Extensions with the same employer skip the $500 Fraud Prevention fee, and transfers to a new employer incur most of the same costs as an initial filing.
Federal law draws a clear line between employer-mandatory costs and expenses the employee can cover. Getting this wrong can create legal problems and even affect the petition itself.
The employer is responsible for the I-129 base filing fee, the ACWIA training fee, the Fraud Prevention and Detection fee, the Asylum Program fee, and attorney fees related to preparing and filing the petition. These can't be deducted from the employee's wages or shifted to them through any arrangement.
The employee can pay for premium processing if it's requested for their own benefit (for example, to speed up their personal travel plans). Employees can also pay their own immigration attorney for personal legal advice separate from the employer's petition.
Not every H-1B filing carries the same price tag. If you're extending an employee who's already working for you on an H-1B, the costs drop slightly. Extensions with the same employer don't require the $500 Fraud Prevention fee. The ACWIA training fee, I-129 base fee, and Asylum Program fee still apply.
H-1B transfers to a new employer, on the other hand, are treated more like initial petitions. The new employer pays the full slate of fees, including the Fraud Prevention fee. If you're hiring someone who already holds H-1B status with another company, budget accordingly. For a detailed look at the steps after lottery selection, including how the filing timeline works, we cover the full process in a separate guide.
WE CAN HELP
Need more clarity?
Find quick answers to frequent visa questions from our legal experts
Do master’s degree holders get two chances in the lottery?
Yes. Individuals with a master’s degree or higher from a U.S. institution of higher education receive two chances in the H-1B lottery.
They are first entered into the regular H-1B cap of 65,000 and, if not selected, entered again into the H-1B master’s cap of 20,000.
Does the H-1B lottery affect my chances of getting a work visa?
It does.
The H-1B lottery selection rate has been roughly 25 to 30 percent in recent registration periods, meaning most candidates are not selected.
If your beneficiary is not picked, the employer cannot file the H-1B petition for that fiscal year.
This unpredictability is one reason many multinational employers prefer the L-1A for qualifying employees, since it has no cap and no lottery.
Does each employer pay separate filing fees?
Yes. Each employer must pay the filing fees for their own H-1B petition, including the base fee and any applicable fraud prevention or American Competitiveness and Workforce Improvement Act (ACWIA) fees.
If the employer wants expedited processing, they also pay the premium processing fee.
Do O-1 visas have a maximum number of years like H-1B?
No. O-1 visas can be renewed indefinitely in increments (usually 1–3 years), as long as you continue to meet the criteria.
Can dependents of O-1 or H-1B visa holders attend public school in the U.S.?
Yes. Children with O-3 or H-4 visas may attend public schools without additional authorization.
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