H-1B Filing Fees: Which Fees Must the Employer Pay?
- 6 days ago
- 4 min read
June 29, 2026
Hiring an H-1B professional is a significant investment for any U.S. employer. One area that frequently causes confusion is who is legally responsible for paying the various H-1B filing fees.
Many employers assume they can simply have the employee reimburse all filing costs. However, federal immigration and labor laws prohibit employer from shifting certain costs to the H-1B worker. Violations may result in investigations by the U.S. Department of Labor ("DOL"), payment of back wages, civil monetary penalties, and debarment from H-1B program.
This article explains the basic rules every H-1B employer should know:
Why Does It Matter?
When an employer files an H-1B petition, it also makes promises on the Labor Condition Application (LCA), including paying the required wage.
The Department of Labor considers many H-1B filing expenses to be ordinary business expenses of the employer. If those expenses are improperly shifted to the H-1B employee, they may be treated as deductions from the employee's wages. If those deductions reduce the employee's pay below the required wage, the employer may be found in violation of H-1B regulations.
Filing Fees the Employer Must Pay
ACWIA Training Fee
The American Competitiveness and Workforce Improvement Act (ACWIA) training fee is required for most initial H-1B petitions and certain change-of-employer petitions. If an employer has more than 25 employees, the ACWIA fee is $1, 500.00. If an employer no more than 25 employees, the ACWIA fee is $750.00. This fee must be paid by the employer.
Fraud Prevention and Detection Fee
The $500 Fraud Prevention and Detection Fee generally applies to: a) Initial H-1B petitions; b)H-1B change of employer petitions. Like ACWIA fee, this fee must be paid by the employer and may not be passed on the employees.
What About Other Filing Fees, Attorney Fees, and Business Expenses?
Form I-129 Filing Fee
The I-129 Filing Fee is $780.00 for an employer with more than 25 employees or $460.00 for an employer with no more than 25 employees or non-profit organization. If shifting the I-129 filing fee to an employee would reduce his or her wages below the required wage, the employer then needs to pay the I-129 filing fee.
Additional $4, 000.00 Filing Fee for Certain H-1B Dependent Employers
Employers with 50 or more U.S. employees, where more than 50% of the workforce is in H-1B or L-1 status, must pay an additional $4, 000 filing fee for certain H-1B petitions. Although the laws does not expressly state that the employer must pay the fee, the fee is imposed on the employer and may be considered an employer business expense under H-1B wage regulations. Accordingly, if shifting the fee to an employee would reduce his or her wages below the required wage, the employer then needs to pay the $4, 000.00 filing fee.
Attorney Fees
Attorney fees depend on what legal services are being provided. If attorney fee is directly related to the filing of Labor Condition Application, or I-129 Petition for Nonimmigrant Worker, an employer shall be cautious. If shifting the attorney fees to an employee would reduce his or her wages below the required wage, the employer then needs to pay the attorney fees.
I-907 Premium Processing Fee
If premium processing fee is requested solely for the employee's personal convenience, for example, because the employee wishes to obtain a faster decision for personal travel or family reasons, the employee may pay the premium processing fee.
If premium processing fee is requested primarily to satisfy the employer's business needs, such as allowing the employee to begin work more quickly or preventing business interruption, the employer shall pay the fee.
What's Required Wage?
DOL requires an employee's wage shall not be below the required wage if shifting certain non-mandatory filing fees or attorney fees to the employee. Under the H-1B regulations, the required wage mean the higher of a) the actual wage; or b) the prevailing wage.
The actual wage is the wage an employer pays other employees with similar experience and qualifications performing the same job at the same worksite.
The prevailing wage is determined based on occupation, the geographic area of intended employment, and the wage sourced used for the LCA.
The employer must pay the higher amount between the actual wage and the prevailing wage, which is the required wage.
Consequence of Improper Fee Shifting
Employers that improperly require H-1B employees to pay mandatory employer expenses may face:
a) Department of Labor's investigations
b) Back wage liability
c) Civil monetary penalties
d) Debarment from participating in the H-1B program
e) Additional compliance obligations during future audits
Maintaining proper documentation of who paid each filing fee is an important part of H-1B compliance.
Best Practices for Employers
To minimize compliance risks, employer should:
Pay all mandatory H-1B filing fees directly.
Keep copies of checks, receipts, and payment records.
Avoid reimbursement agreements for fees that federal law requires the employer to pay.
Consult experienced immigration attorneys before requiring any H-1B employee to pay immigration-related costs.
Disclaimer: This article is intended for general educational purposes only and does not constitute legal advice. Every employer's circumstances are different Employers shall consult qualified immigration attorneys regarding their specific H-1B compliance obligations.
