Who Pays H1B Visa Fees? (Employer & Worker Breakdown)

Who Pays H1B Visa Fees? The Legal Allocation

The H1B petition carries multiple filing fees, and the law assigns responsibility for each. The division is not a matter of practice or negotiation—it is statutory. The employer must pay the base filing fee and all attestation-related fees; the foreign worker may pay only certain optional fees, and only if they choose to. Employers who shift mandatory costs to the worker violate the Immigration and Nationality Act and risk both denial of the petition and Department of Labor sanctions.

Here's what matters: fee allocation is part of the Labor Condition Application (LCA) attestation the employer files with the Department of Labor. The attestation certifies the employer will not pass prohibited costs to the worker. USCIS and DOL audit LCAs, and an employer caught charging a mandatory fee to the worker faces fines, debarment from future sponsorships, and petition denial. The allocation is not flexible.

This article identifies which fees the employer must pay, which the worker may pay, and what the statutory sources are for each allocation. The amounts below are stated as of January 2026 per the USCIS fee schedule; fees change periodically, so confirm the current amounts on the USCIS fee schedule at uscis.gov/forms before filing.

The Statutory Rule: Employer Pays Mandatory Costs

Form I-129 (Petition for a Nonimmigrant Worker) is the base petition for an H1B classification. The filing fee and the fees required by the H1B-specific attestation process are mandatory employer costs under 8 CFR 214.2(h)(5)(iii). The employer may not require or accept payment from the beneficiary worker for these fees, either directly or indirectly. The regulation uses the term "require or accept"—an employer who allows the worker to volunteer payment still violates the rule.

The mandatory fees the employer must pay include:

• The I-129 base filing fee
• The American Competitiveness and Workforce Improvement Act (ACWIA) fee (also called the H1B training fee)
• The Fraud Prevention and Detection Fee (if applicable)
• The Public Law 114-113 additional fee for certain employers (employers with 50+ employees, where more than 50% of the workforce holds H1B or L status)

The employer may also incur costs for premium processing, attorney fees, and travel and visa fees. The allocation of those costs depends on whether they are mandatory for the petition to proceed.

Fee-by-Fee Breakdown: Who Pays What

The bottom line: the employer pays every fee required to file and adjudicate the I-129 petition. The worker may pay only optional services (premium processing) and costs incurred after the petition is approved (visa application and issuance). Shifting a mandatory fee to the worker is a violation before the petition is adjudicated.

The ACWIA Fee: Why It Exists and Who Is Exempt

The American Competitiveness and Workforce Improvement Act fee funds U.S. worker training programs and scholarships. It applies to most H1B petitions, with narrow exemptions. As of January 2026, the fee is assessed at two tiers depending on the employer's size; confirm the current amounts and applicability rules on the USCIS fee schedule before filing.

Exempt from the ACWIA fee:

• Institutions of higher education (as defined by the Higher Education Act)
• Nonprofit entities related to or affiliated with institutions of higher education
• Nonprofit or governmental research organizations
• Petitions filed for the same beneficiary within six years of the most recent ACWIA payment by the same employer

All other H1B petitions require the ACWIA fee, and the employer must pay it. The worker may not.

Premium Processing: The One Fee the Worker May Pay

Form I-907 requests premium processing—a 15-business-day adjudication guarantee from USCIS. Premium processing is optional. Because it is optional and does not affect the substantive evaluation of the petition, the employer may allow the worker to pay the I-907 fee without violating 8 CFR 214.2(h)(5)(iii).

The key distinction: premium processing is not required for the petition to be filed or adjudicated. The petition proceeds to a decision with or without it. Optional services may be allocated by agreement; mandatory costs may not.

Many employers pay the I-907 fee as part of the total sponsorship cost. Some negotiate the allocation in the employment offer. The law permits either arrangement as long as the worker is not required to pay it—they must have the option to decline and proceed with standard processing.

Visa Application Costs: Post-Approval Fees the Worker Usually Pays

Once USCIS approves the I-129 petition, the foreign worker applies for the H1B visa stamp at a U.S. consulate abroad (if not already in the United States or adjusting status). The visa application and issuance fees are not part of the I-129 petition process, so the statutory employer-pays rule does not govern them. Workers typically pay these costs, though the employer may cover them by agreement.

Visa-related costs include:

• DS-160 nonimmigrant visa application fee (charged by the State Department)
• Visa issuance fee, also called the reciprocity fee (amount depends on the applicant's country of nationality; not all countries charge one)
• Medical examination fees (required for some visa applicants)
• Travel to the consular post

None of these costs are subject to the I-129 fee allocation rule because they occur after the petition is approved and are not government fees tied to the petition filing.

Attorney Fees: Employer, Worker, or Shared by Contract

Attorney fees for preparing and filing the H1B petition are not a government fee, so they are not governed by the statutory allocation in 8 CFR 214.2(h)(5)(iii). The employer and worker may agree to any allocation of legal fees—employer pays all, worker pays all, or cost-sharing by a specified percentage or cap.

In practice, employers who sponsor H1B workers typically pay the attorney fees as part of the total cost of recruitment and sponsorship. Some employers negotiate shared costs or cap their contribution. The law allows any arrangement the parties agree to.

Here's the Honest Answer: Misallocating Fees Ends the Petition

Employers who shift mandatory H1B fees to the worker violate the Labor Condition Application attestation they filed with the Department of Labor. The LCA is the foundation of the H1B petition—it certifies the employer will pay the required wage, will not displace U.S. workers, and will not require the foreign worker to pay prohibited costs. A false LCA attestation is grounds for petition denial, even if the substantive eligibility is solid.

DOL enforces LCA compliance through audits and investigations triggered by complaints. An employer found to have violated the LCA faces civil penalties, debarment from future H1B sponsorships for a specified period, and mandatory back payment of costs the worker should not have paid. USCIS may deny or revoke the petition based on the LCA violation. The worker's legal status is jeopardized by the employer's compliance failure.

The standard is not whether the worker agreed to pay—it is whether the law permits the allocation. A worker who volunteers payment of a mandatory fee creates the same violation as a worker who is required to pay it. The employer must decline payment of prohibited costs even if the worker offers.

What If the Employer Asks Me to Pay a Mandatory Fee?

If an employer asks you to pay the I-129 filing fee, the ACWIA fee, or any other mandatory cost, the request is a violation of the H1B program rules. You have three options:

1. Refuse and inform the employer the allocation violates 8 CFR 214.2(h)(5)(iii). Provide the regulation citation and the USCIS policy manual section on fee allocation. Some employers make the request out of ignorance, not intent.
2. File a complaint with the Department of Labor Wage and Hour Division. DOL investigates LCA violations and can compel the employer to reimburse you and pay penalties. The process is confidential, but it may affect your relationship with the employer.
3. Decline the position and find an employer who complies with the law. An employer who violates fee allocation rules at the start may violate wage and working condition rules later.

You are not required to report the violation, but you are entitled to refuse payment of mandatory fees. The law protects that refusal.

What If the Petition Is Approved But I Already Paid a Prohibited Fee?

If USCIS approved the petition and you later discover you paid a fee the employer should have paid, you may file a wage complaint with the Department of Labor. The complaint must be filed within two years of the violation. DOL can order the employer to reimburse you, pay civil penalties, and face debarment from future sponsorships.

The approval of the petition does not bar a wage complaint. The LCA attestation is enforceable separately from the petition's approval. An employer who violated the fee rule but obtained approval still violated the law, and the worker still has recourse.

What If We Agreed in Writing That I Would Pay Certain Fees?

A written agreement between the employer and worker to allocate mandatory fees to the worker is unenforceable. 8 CFR 214.2(h)(5)(iii) is a mandatory rule—the parties may not contract around it. An agreement stating "Worker agrees to pay the I-129 filing fee" does not change the legal allocation, and DOL will not enforce it.

The employer's obligation to pay mandatory fees is statutory, not contractual. An agreement to violate the statute is void.

Practical Guidance: Verify the Allocation Before Filing

Before the employer files the I-129 petition, confirm in writing which fees each party will pay. The confirmation should list:

• The I-129 base filing fee (employer pays)
• The ACWIA fee (employer pays, unless exempt)
• The Fraud Prevention and Detection Fee (employer pays, if applicable)
• The Public Law 114-113 fee (employer pays, if applicable)
• Premium processing, if requested (either party may pay by agreement)
• Attorney fees (either party may pay by agreement)
• Visa application and issuance fees (either party may pay by agreement)

If the employer states you will pay a fee the law assigns to them, raise the issue before filing. Once the petition is filed with an LCA violation, the violation is complete—even if the petition is later withdrawn.

For detailed guidance on your H1B petition and fee allocation, including review of an employer's cost breakdown, consult an immigration attorney. The Law Offices of Peter D. Chu in San Diego assists employers and foreign workers with H-1B visa petitions and labor compliance. A consultation is $250 and includes a review of fee allocation and LCA compliance.

Disclaimer: This article provides general information about H1B visa fee allocation under U.S. immigration law as of January 2026. It is not legal advice and does not create an attorney-client relationship between the reader and the Law Offices of Peter D. Chu. Immigration law is complex, and fee allocation rules depend on the specific facts of each petition, including employer size, exemption status, and the type of petition filed. Outcomes in immigration matters depend on individual circumstances, case-specific facts, and changes in law, regulation, and policy. Do not rely on this article as a substitute for consultation with a licensed immigration attorney. For advice on your specific situation, contact an attorney who can review your case, confirm current fees and regulations, and provide guidance tailored to your facts. Only a licensed attorney who has reviewed your case can provide legal advice applicable to your petition.

Schedule a consultation with the Law Offices of Peter D. Chu — 4615 Convoy St, San Diego, CA 92111 · 858-268-8823 · Mon–Fri, 8:30 AM–5:30 PM. Consultation fee: $250.