U.S. · H-1B employer fees
What are the I-129 H-1B petition fees?
The base fee and every separate charge the sources print, with the $100,000 payment as printed.
The base fee for an H-1B petition on Form I-129 is $780 in 8 CFR 106.2(a)(3)(i) ($460 for small employers and nonprofits), and the USCIS fee schedule edition 10/26/26 prints $780 on paper and $730 online. Separate charges are printed beside it: a $600 or $300 Asylum Program Fee, a $500 fraud fee, an ACWIA fee of $1,500 or $750, and in some cases a $4,000 fee. The schedule also prints a $100,000 payment item with a dated court note.
Look up a row as printed
What the sources print
A base fee and a stack of other fees
An H-1B petition is the form where a single headline number does the most damage. The regulation, 8 CFR 106.2(a)(3)(i), prints $780 for a petition for an H-1B or H-1B1 nonimmigrant worker, and $460 for small employers and nonprofits. The schedule, edition 10/26/26, prints $780 on paper and $730 online, with $460 for the small employer and nonprofit row, and the words "plus additional fees" under each. The regulation's own paragraph (a)(3)(x) warns that additional fees in paragraph (c) may apply, and (xi) says the online discount does not apply to the small employer and nonprofit fee.
The separate charges, one at a time
Paragraph (c) of 8 CFR 106.2 holds the add-ons. The Asylum Program Fee is $600, $300 for a small employer and nothing for a nonprofit. The fraud detection and prevention fee for certain H-1B and L petitions is $500; the schedule says an H-1B petitioner pays it when seeking initial approval or approval to employ an H-1B worker currently working for another petitioner, and that H-1B1 petitioners for Chile and Singapore do not. The ACWIA fee is $1,500 or $750, the schedule explains the amount depends on the number of workers the petitioner employs. Each registration for the H-1B cap selection process is $215. The 9-11 Response and Biometric Entry-Exit fee is $4,000 for a petitioner with 50 or more employees in the United States if more than 50 percent of them are in H-1B, L-1A or L-1B status, for petitions filed on or before September 30, 2027.
The $100,000 payment, as the schedule prints it
The schedule's H-1B table lists, as item 5, a payment under a Presidential Proclamation on the restriction of entry of certain nonimmigrant workers: $100,000, unless an exception has been granted by the Secretary of Homeland Security. It is paid through pay.gov before filing, not with the petition. The USCIS page carries an alert. As printed on the page I read on November 2, 2026, a federal district court vacated agency guidance implementing the payment on June 8, 2026, the First Circuit denied the government's motion to stay on July 24, 2026, and DHS says it will comply with the court's order while it considers next steps. The regulation text does not print this payment at all. This site has a separate applicability checker; use it and the live USCIS page, because this status can change at any time.
Premium processing
Premium processing for H-1B classification is $2,965 under 8 CFR 106.4(c)(2), with a 15 business day timeframe in 106.4(e)(2), and the schedule prints $2,965 for the H-1B row. It is paid separately and cannot be waived.
Where the sources agree
On every number both sources print, they agree, with the online discount accounting for the $50 gaps. The difference is coverage: the schedule prints the $100,000 item, which the regulation does not; the regulation prints the registration fee and the small employer rules, which the schedule only touches. Neither source tells you which of the stacked fees applies to your petition. That depends on the facts in the form instructions: the beneficiary, the employer size, whether the employer is a nonprofit, and whether the petition is an initial filing or an amendment.
The small employer half-fee rule
For several I-129 categories, 8 CFR 106.2(a)(3)(ix) makes the fee for small employers and nonprofits one-half of the listed amount, rounded to the nearest $5. That rule applies to the H-2A and H-2B named-beneficiary petitions, L, O and the E, H-3, P, Q, R and TN petitions. The L petition shows the arithmetic: half of $1,385 is $692.50, which rounds to $695, and the schedule prints $695 for a small employer or nonprofit L petition. The H-1B base has its own fixed $460 small employer amount instead.
Worked example
A regular employer files an initial H-1B petition online. From the sources: base $730, Asylum Program Fee $600, fraud fee $500, plus the ACWIA fee of $1,500 or $750 from the form supplement. That is $2,580 with the $750 fee or $3,330 with the $1,500 fee, before the registration fee, any 9-11 fee, premium processing and any payment the proclamation item requires. Attorney costs are not included. The table above prints each amount with its source.
Sources
- eCFR, 8 CFR § 106.2 USCIS fees (title 8, issue date October 14, 2026; eCFR up to date as of October 29, 2026). Read November 2, 2026.
- eCFR, 8 CFR § 106.4 Premium processing service (title 8, issue date October 14, 2026; eCFR up to date as of October 29, 2026). Read November 2, 2026.
- eCFR, 8 CFR § 106.1 Definitions and online discount (title 8, issue date October 14, 2026; eCFR up to date as of October 29, 2026). Read November 2, 2026.
- USCIS Form G-1055, Fee Schedule, edition 10/26/26, and the G-1055 PDF. Read November 2, 2026.
Editions read: eCFR title 8 as of the October 14, 2026 issue date, and Form G-1055 edition 10/26/26. Both were read on November 2, 2026. Fees in this area changed repeatedly in 2024, 2025 and 2026; where the two sources differ, this page says so and does not choose between them. If you need to rely on an amount, confirm it with the official USCIS fee calculator on the day you file, and talk to an immigration attorney or accredited representative about your own case.
Frequently asked questions
How much is the I-129 fee for an H-1B?
The eCFR prints $780 ($460 for small employers and nonprofits). The USCIS fee schedule edition 10/26/26 prints $780 on paper and $730 online.
What extra fees apply to an H-1B petition?
The sources print an Asylum Program Fee of $600 or $300, a $500 fraud fee, an ACWIA fee of $1,500 or $750, a $215 registration fee and, in some cases, a $4,000 fee.
What does the schedule say about the $100,000 H-1B payment?
It prints $100,000 unless an exception has been granted, to be paid through pay.gov, and carries a dated alert about a June 8, 2026 court order and a July 24, 2026 First Circuit denial of a stay.
Does the regulation print the $100,000 payment?
No. The eCFR text of 8 CFR 106.2 read on November 2, 2026 does not print it. Only the schedule does.
How much is H-1B premium processing?
$2,965 under 8 CFR 106.4(c)(2), with a 15 business day timeframe, paid in addition to the other fees.
Not legal advice
This page reads two public sources and is not legal advice. Immigration fees, exemptions and eligibility depend on your facts, your form edition and the filing date, and a wrong fee leads to a rejected filing. Talk to an immigration attorney or a Department of Justice accredited representative before you file. Everything on this page runs in your browser; nothing you select is sent anywhere.