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H1B Visa Cost &

Fees 2022
January 3, 2022

What are the H1B Visa

Costs?
There are a number of H1B visa costs and
fees that will need to be covered as part of
either an initial H1B registration or
application, or when applying to extend of
change status. Some of these costs are to be
paid by the employer or sponsoring
company, while others are the responsibility
of the employee.

Importantly, any H1B petition submitted

with the incorrect filing fee will be rejected.

Who pays the H1B visa

fees?
The H1B visa is used by US businesses and
organisations to employ foreign nationals
who hold graduate level qualifications or
who have sufficient knowledge and
expertise to work in speciality occupations.

To be granted an H1B visa, a petition will

need to be filed with USCIS, and the
requisite fees paid.

H1B visa costs for

employers
The employer is responsible for paying for
the following fees that make up the H1B
petition application:

H1B Fee Amount Who

(US $) Pays?

Registration $10 Employer

Fee

Basic visa $460 Employer

filing fee (I-
129 form)

Public Law $4000 Employer

114-113
Fee

Premium $2,500 Employer or

Processing employee
(optional)

USCIS Anti- $500 Employer

Fraud Fee

ACWIA $750 if Employer

Education fewer than
and Training 25
Fee employees
$1500 if
more than
25
employees

Electronic Registration Fee

The sponsor must pay a $10 registration fee

for each new cap-subject petition. This fee is
paid when the employer submits the
registration for the H1B visa lottery during
the registration period in March.

Basic Filing Fee

To file an H1B petition using the I-129 form,

the cost to the employer is $460.

It is the employer’s responsibility to pay the

filing fee.

ACWIA Fee

ACWIA stands for American

Competitiveness and Workforce
Improvement Act of 1998.

The ACWIA fee varies depending on the size

of the sponsoring company. For companies
with 25 or fewer employees, the fee is $750.
For companies with more than 25
employees, the fee is $1,500.

It is a legal requirement that this fee is paid

by the employer.

Certain organisations are exempt from

paying the ACWIA fee. These are:

Higher education institutions

Non-profit entity related to or affiliated
with higher education institution
Non-profit research organisation
Governmental research organisation
Primary educational institution
Secondary educational institution
Non-profit entity engaging in
curriculum-related clinical training
programmes for students

Fraud Prevention And Detection Fee

The Fraud Prevention and Detection fee is

$500.

It is a legal requirement that this fee is paid

by the employer.

Where the H1B petition is for an individual

who qualifies under the Chile or Singapore
Free Trade Agreement, it is not necessary to
pay the Fraud Prevention and Detection fee.

Fee Relating To Public Law 114-113

This fee is paid by companies with more

than 50 employees, where over half of those
are employed through the H1B or L1 visa
routes.

The fee is $4,000 and this must be paid by

the employer.

H1B visa costs for

employees
For the H1B visa, most of the costs are
payable by the employer. The employee is
only responsible for paying the fees related
to obtaining their visa at their local US
embassy or consulate. This also includes
visa fees for any dependants also making an
application.

H1B premium processing

fee
H1B premium processing is an optional
service for a fast-tracked decision, usually
within 15 days of the completed I-907 form
being submitted. The fee is $2,500.

Where the H1B premium processing option

is taken up, this could be paid for by either
the employee or the employer. It should be
discussed between the two parties to come
to an agreement on who should pay.

Where the employee pays this fee, the

employer must prove to the Department of
Labor that the premium processing is
necessary due to the employee’s personal
circumstances.

LCA filing
There is no fee for the employer to file the
Labor Condition Application (LCA), which is
required under the H1B requirements.

This lays out the employer’s agreement to

pay the employee a wage that is not less
than that of similarly qualified workers and
not more than is generally accepted locally,
and to provide the employee with working
conditions that will not have a detrimental
effect on similarly employed workers.

There is no fee to file the Labor Condition

Application.

How to apply for an H1B

Visa
The H1B visa application process is rigid.
Both employers and employees must ensure
that they adhere to the requirements of the
process to maximise chances of a successful
application, including paying the correct fee
at the correct stage of the process.

The H1B visa cap sets a limit on the

maximum number of H1B visas that are
made available each year. The regular cap
offers 65,000 visas, with an additional
20,000 visas for applicants holding a
master’s degree. Exemption from this cap is
granted to petitions made by non-profit
research organisations, universities, or
government institutions.

A random selection is then made from the

registrations for the regular cap.

Before an H1B petition can be made, the

employer must first obtain a certified Labor
Condition Application (LCA).

Once the LCA has been certified by the

Department of Labour, the employer should
submit a Non Immigrant Worker Petition
form I-129, accompanied by the certified
LCA, to the relevant USCIS Service Centre.
This should be submitted when the H1B cap
window opens for that year, at the
beginning of April. This should not be more
than 6 months before they wish H1B
employees to begin work with them.

Should the petition be successful, the

employee may apply for their visa through
the Online Non-immigrant Visa Application
system (form DS-160) and attend an
interview at their local US Embassy or
Consulate.

H1B visa requirements

There are eligibility requirements for both
employees and the jobs that the employer
wishes to fill.

Employee

An employee must have an offer of

employment from a US employer to work in
a suitable role and meet at least one of the
following conditions:

have a US bachelor’s degree in the

relevant speciality occupation, from an
accredited educational institution, or an
equivalent foreign degree in the
speciality occupation
hold an unrestricted state licence,
registration or certification which
permits employment in the speciality
occupation in the US state where the
employment is based
education, training or experience in the
speciality of a level equivalent to a
degree and that the employee is
recognised as having a suitable level of
expertise.

The Role

There are eligibility requirements for the job

that the employer wishes to fill. At least one
of the following conditions must apply:

Minimum entry requirement is a

bachelor’s degree or higher degree, or
equivalent qualification and experience.
It is usual for the related industry that a
degree is required for the job, or the job
must be deemed so complicated or
specialised that it can only be carried
out by an individual who has a degree.
The employer requires a degree or
equivalent for anyone filling the role.
The duties involved are so complex and
specialised that the knowledge level
associated with a person who holds a
bachelor’s or higher degree is required.

Need assistance?
Given the highly competitive nature of the
H1B visa and the effort and investment
involved in hiring under this visa route,
taking specialist legal advice can ensure that
all stages of the H1B petition process are
dealt with correctly, including compiling
information and communicating with the
relevant authorities, so that your application
has the best chance possible of a successful
outcome.

The above fees are correct as at January

2021 but are subject to change and should
be verified before any application is made.
Paying incorrect fees may cause delays in
the application process. For advice about an
H1B application, contact us.

This article does not constitute direct legal

advice and is for informational purposes
only.

Last updated January 3, 2022

By Nita Nicole Upadhye

Need legal advice?

For specialist advice on your query,

get in touch with our team of US
immigration attorneys.

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