Who Pays H-1B Petition Filing Fees and Attorney’s Fees?

There are four (4) types of fees for an H-1B visa petition that you want to know about: (i) the registration fee $215; (ii) the standard $780.00 petition fee (and, if the employee is abroad, additional fees at the U.S. Embassy or Consulate), plus the $600 asylum fee or $460 petition plus $300 asylum fee for employers with up to 25 employees; (iii) an additional fee of $1,500.00 (or $750.00 if the employer has fewer than 25 full-time employees); and (iv) a fraud prevention and detection fee of $500.00. If an employer has 50 or more employees and more than 50% of the employees have H-1B or L-1 status, the employer must pay a fee of $4,000.00 in addition to other fees.  The $1,500.00 additional fee needs to be paid by the employer and the employer cannot require an employee to reimburse it. If the attorney’s fees and other fees are paid by an employee, that amount cannot reduce the employee’s wage below the required wage rate.

On Friday, Sept. 19, 2025, President Donald J. Trump signed a Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” that took an important, initial, and incremental step to reform the H-1B visa program to curb abuses and protect American workers. This Proclamation requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. Eastern Daylight Time on Sept. 21, 2025.

There is also an optional premium processing fee of $2,805.00 to have guaranteed 15 business day processing by the US Citizenship and Immigration Service.

For more information and for help with preparing an H-1B petition, please call a professional at Juras Law Firm, PLC in Scottsdale, AZ at 480-425-2009 to schedule a consultation with us today!