The H-1B visa program is one of the most sought-after immigration pathways for highly skilled foreign professionals, particularly in technology, engineering, healthcare, and other specialised fields, to work in the United States. This program is designed to allow U.S. employers to hire foreign workers in specialty occupations. The H-1B visa is a lifeline for both companies facing skill shortages and talented professionals seeking career opportunities in the U.S.
Before beginning the application process, both employers and employees must understand the H-1B visa fees involved. The costs are not only substantial but also vary based on the employer’s size, the type of petition being filed, and whether regular or premium processing is chosen. Misunderstanding or underestimating these costs can lead to financial strain, delays, or even non-compliance with immigration regulations.
A distinction in the process lies in choosing between regular processing and premium processing. While regular processing is the more cost-effective option, it comes with longer waiting times. Premium processing, on the other hand, ensures a much faster decision but at a significantly higher cost. Understanding these differences is essential for making informed choices that align with the employer’s budget and the employee’s timeline.
What are the H-1B Visa Fees?
Applying for an H-1B visa involves multiple fees, and understanding each component is vital for both employers and employees. While certain costs are standard, others apply only in specific circumstances, such as employer size or petition type. Below is a detailed breakdown:
Base Filing Fee (Form I-129)
This is the standard filing fee for the Form I-129, Petition for a Nonimmigrant Worker, which must be paid for every H-1B petition.
It is mandatory and non-refundable, regardless of whether the petition is approved or denied.
American Competitiveness and Workforce Improvement Act (ACWIA) Fee
$750 for employers with 1–25 full-time employees.
$1,500 for employers with 26 or more full-time employees.
This fee is designed to fund training programs for U.S. workers.
Exemptions apply to:
Nonprofit research organisations.
Primary/secondary educational institutions.
Certain higher education institutions.
Fraud Prevention and Detection Fee
Required for all new H-1B petitions and for certain employers filing for a change of employer.
Helps USCIS conduct background checks and investigations to prevent fraud in the H-1B program.
Public Law 114-113 Fee
Applies to employers that:
Have 50 or more employees in the U.S., and
More than 50% of those employees hold H-1B or L-1 visas.
This is an additional compliance measure to discourage overreliance on H-1B or L-1 workers.
Premium Processing Fee (Form I-907)
This is an optional fee that allows employers to receive a decision from USCIS within 15 calendar days.
It does not guarantee approval but expedites the review process.
Attorney Fees (if applicable)
Legal representation is not mandatory but highly recommended due to the complexity of H-1B petitions.
Attorney fees vary widely, typically ranging between $1,500–$3,000+, depending on the case complexity and firm.
A knowledgeable immigration attorney ensures accurate filing, compliance with regulations, and a stronger chance of success.
What Does “Regular Processing” Mean For the H-1B Process?
Regular processing refers to the standard timeline under which USCIS reviews an H-1B petition. Employers who choose this option simply pay the required mandatory H-1B filing fees without adding the extra cost for expedited (premium) review. The petition is placed in the normal USCIS queue and is adjudicated in the order it was received.
Without attorney representation, most employers spend between $1,710 and $6,460 for an H-1B petition under regular processing, depending on the employer’s size and eligibility.
Expected Processing Time For H-1B
- The average timeline for regular processing is 6 to 8 months, though it may take longer during periods of high demand.
- This includes time for petition review, Requests for Evidence (RFEs) if issued, and final adjudication.
- For employers and employees with flexible timelines, this is often a cost-saving option.
Pros & Cons of Regular Processing
Pros:
- Lower cost: Employers save by not paying the $2,805 premium processing fee.
- Adequate for non-urgent cases: If there is no immediate deadline (e.g., no urgent travel, transfer, or job start date), regular processing is often sufficient.
- Compliance-friendly: Ensures the petition goes through the standard queue without pressure for expedited review.
Cons:
- Longer waiting period: Decisions may take many months, which can be stressful for employers and employees.
- Uncertainty in planning: Delayed adjudication can impact job start dates, project timelines, or travel plans.
- Risk of status complications: If an applicant’s current visa is expiring, waiting several months can complicate maintaining lawful status
What is Premium Processing and When to Opt for It in H-1B Process?
Premium processing is an optional service offered by USCIS that allows employers to receive an expedited decision on an H-1B petition. Instead of waiting several months under regular processing, premium processing ensures that USCIS will either approve, deny, or issue a Request for Evidence (RFE) within 15 calendar days.
Employers often choose premium processing when:
- An employee must start work quickly to meet project or contract deadlines.
- A worker needs an H-1B transfer to a new employer without interrupting employment.
- There are travel or immigration status concerns, such as an expiring visa.
- Companies want certainty and faster planning for workforce needs.
Premium Processing Fee
- The fee for premium processing is $2,805 (current as of 2025, subject to USCIS updates).
- This fee is in addition to the regular filing fees (base fee, ACWIA fee, fraud fee, etc.).
- Employers usually bear this cost, though in limited cases, employees may choose to pay if they request faster adjudication for personal reasons.
Timeline Under Premium Processing
- USCIS guarantees a 15-calendar-day turnaround time once the premium processing request is accepted.
- If USCIS does not take action within this timeframe, it refunds the premium fee but continues to process the petition on an expedited basis.
- Even with premium processing, applicants may still receive RFEs, which could extend the overall case timeline.
Pros & Cons of Premium Processing
Pros:
- Speed: Faster decisions enable employees to plan work, travel, and immigration status more effectively.
- Predictability: Employers gain clarity on whether an employee can start or continue work sooner.
- Flexibility: Useful for urgent transfers, extensions, or cap-subject petitions requiring quick outcomes.
Cons:
- Higher cost: The $2,805 fee adds significant expense to an already costly process.
- No guarantee of approval: Premium processing only speeds up the timeline; it does not increase the chances of approval.
- Possible RFEs: Even with premium processing, petitions may still face additional scrutiny, which can delay final approval.
Premium processing is ideal for time-sensitive cases where waiting months is not an option. However, for those seeking to save costs and who can afford to wait, regular processing remains the more budget-friendly choice.
H-1B Visa Cost to Employer
One of the most important aspects of the H-1B process is that most of the visa-related fees must legally be paid by the employer. USCIS has strict regulations to ensure that the financial burden of sponsorship does not fall unfairly on the foreign worker. This means employers must budget carefully before initiating an H-1B petition.
What Fees Cannot Be Passed to the Employee?
USCIS rules specifically prohibit employers from passing certain mandatory fees on to employees. For example:
- The ACWIA Training Fee and Fraud Prevention and Detection Fee must always be paid by the employer.
- Shifting these costs to the employee (through salary deductions, reimbursements, or direct payment) is considered a violation of labor and immigration laws.
- However, in certain circumstances, employees may choose to pay optional fees, such as the premium processing fee, if it benefits them personally (e.g., urgent travel or status maintenance).
Employers carry the majority of the H-1B visa cost, reflecting their role as the sponsoring party. Employees are protected from unfair financial burden, ensuring that the H-1B program remains a fair pathway for skilled workers seeking U.S. opportunities.
Comparing Regular vs. Premium Processing: Which is Better?
Employers and employees often face a key decision: whether to file the H-1B petition under regular processing or opt for premium processing. The choice depends on budget, timeline, and individual circumstances.
Timeline Comparison
- Regular Processing: 6–8 months (may take longer if USCIS issues a Request for Evidence).
- Premium Processing: 15 calendar days from USCIS receipt (excluding RFE delays).
When Premium Processing Makes Sense
Employers may find the extra cost of premium processing worthwhile in certain cases:
- Urgent travel needs: When an employee must travel internationally and requires timely visa approval.
- Job changes or transfers: If a worker is moving to a new employer and continuity of employment is critical.
- Status maintenance: If a current visa is expiring, and fast adjudication is necessary to avoid a lapse in legal status.
- Business needs: When a project or client contract depends on the employee’s timely start date.
When Regular Processing is Sufficient
On the other hand, regular processing is often the better choice when:
- There is no pressing deadline for employment start or travel.
- Cost savings are a priority, especially for smaller employers.
- The employee’s current status is valid for several months, allowing time for standard processing.
- Predictable timelines are not required, and both parties can wait for USCIS’s decision in the normal queue.
Premium processing is about time, not approval. Employers and employees should weigh the urgency of their situation against the extra cost before deciding which path to choose.
Legal & Practical Considerations
While understanding the cost differences between regular and premium processing is important, employers and employees must also keep in mind certain legal and practical realities:
USCIS Fee Updates & Frequent Changes
- USCIS periodically revises its fee schedule, and costs for H-1B petitions can increase without much notice.
- For example, both the premium processing fee and base filing fees have seen recent adjustments.
- Employers and applicants should always check the latest USCIS fee schedule or consult with an immigration attorney before filing to avoid surprises.
Risks of Denial Despite Premium Processing
- Opting for premium processing does not increase the chance of approval.
- Premium processing only shortens the timeline; petitions are still subject to the same level of scrutiny.
- Employers should be prepared for Requests for Evidence (RFEs) or even denials, especially if documents or eligibility criteria are not properly addressed.
Importance of Legal Guidance
- The H-1B process is legally complex, involving multiple fees, employer obligations, and compliance rules.
- Choosing between regular and premium processing should not be a financial decision alone; strategic legal advice ensures that timelines, compliance requirements, and employer-employee needs are balanced correctly.
Gehis Immigration and International Legal Services Can Help
At Gehis Immigration and International Legal Services, we have extensive experience assisting both employers and employees with the H-1B visa process. Our services cover every stage of the petition, ensuring compliance, efficiency, and peace of mind.
- Expertise in H-1B Petitions: Our attorneys have successfully handled thousands of employment-based immigration cases, including H-1B petitions under both regular and premium processing.
- Fee Structuring & Compliance: We guide employers on how to structure H-1B visa fees in compliance with USCIS and Department of Labor regulations, avoiding legal risks.
- Employer & Employee Support: We help both parties clearly understand their financial responsibilities and prepare complete, accurate petitions to minimise the risk of RFEs or denials.
- Tailored Strategy: Whether regular or premium processing is best for your situation, our legal team provides personalised advice based on your timeline and business needs.
If you are considering filing an H-1B petition or want to better understand the costs and requirements, contact us today. Our experienced immigration attorneys are here to guide you through every step of the process.
Frequently Asked Questions (FAQs)
Who pays the H-1B visa fees – the employer or the employee?
Under U.S. immigration law, most H-1B visa fees are the responsibility of the sponsoring employer. This includes the base filing fee, ACWIA training fee, fraud prevention fee, and (if applicable) the Public Law 114-113 fee. Employers are prohibited from shifting these mandatory costs to the employee, either directly or through salary deductions. Employees may voluntarily cover optional costs, such as premium processing, if they wish to speed up their case for personal reasons.
What is the difference between the H-1B visa application fee and the premium processing fee?
The H-1B visa application fee includes the standard costs required to file a petition (Form I-129 filing fee, ACWIA fee, fraud prevention fee, etc.). These are mandatory fees that must be paid for USCIS to process the case.
The premium processing fee, on the other hand, is optional and currently costs $2,805. It does not affect eligibility or approval—it simply expedites the review to 15 calendar days.
How much does an H-1B visa cost in Indian Rupees?
The H-1B visa cost to employers in the U.S. typically ranges from $1,710 to $6,460, depending on the employer’s size and petition type (excluding attorney fees).:
- ₹1.4 lakhs to ₹5.4 lakhs under regular processing.
- With premium processing, costs may rise to ₹7.7 lakhs or more.
This breakdown helps Indian professionals and companies with U.S. operations better understand the financial commitment involved.
Can premium processing increase the chances of H-1B approval?
No. Premium processing only speeds up the timeline, ensuring USCIS takes action within 15 calendar days. The petition still undergoes the same review standards, meaning approval is not guaranteed. The only advantage is faster certainty that employers and employees know sooner if the case is approved, denied, or requires additional documentation (RFE).
Do H-1B visa fees change every year?
Not necessarily every year, but USCIS frequently updates its fee schedule. Changes can affect the base filing fee, premium processing fee, or other cost components. For example, the premium processing fee has increased in recent years. Employers and employees should always check the latest USCIS official website or consult with an immigration attorney to confirm the current fee structure before filing.
