Sponsoring a work visa is one of the most consequential investments an employer makes in its workforce. A first-time H-1B sponsorship can cost $5,000 to $12,000 in government and legal fees alone. Add the new $100,000 offshore surcharge that took effect in September 2025, premium processing, and green card sponsorship down the line, and the total investment in a single international hire can exceed $40,000 over several years.
For HR and finance leaders, understanding exactly what those costs are, which fees are legally required, and where there is flexibility makes the difference between a well-managed immigration program and an expensive, compliance-exposed one. This guide covers 2026 fees for the H-1B, L-1, O-1, TN, E-3, and employment-based green cards, who pays what by law, how the new $100,000 H-1B fee works, and what alternatives exist for employers who need global talent without US visa sponsorship.
The table below summarizes employer cost ranges across the most common US work visa and green card categories in 2026. Ranges include government fees, attorney fees, and typical ancillary costs. They exclude the $100,000 H-1B offshore surcharge, which applies only to specific new filings for workers abroad.
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H-1B (specialty occupation) | $5,000–$12,000 standard; $100,000+ offshore surcharge may apply | Yes (65,000 + 20,000 master’s cap) | 2–4 months post-selection; starts Oct 1 |
L-1 (intracompany transfer) | $4,000–$10,000 | No | 3–8 months |
O-1 (extraordinary ability) | $6,000–$20,000+ | No | 3–4 months |
TN (Canadian / Mexican citizens) | $500–$2,000 | No | Same-day (Canadians at border) |
E-3 (Australian citizens) | $1,000–$3,000 | Yes (10,500 / year — rarely oversubscribed) | Varies (LCA + consular) |
EB-2 / EB-3 green card (PERM + I-140) | $6,000–$15,000+ (employer stages) | Priority date backlog varies by country | 12–18+ months for PERM alone |
The H-1B visa: fees, lottery, and the 2026 changes
The H-1B is the most common US work visa for foreign nationals in specialty occupations requiring at least a bachelor's degree — covering technology, engineering, finance, healthcare, and architecture. The employer files a petition on behalf of the employee, and the H-1B is employer-sponsored: the employee generally cannot apply independently. The visa is valid for three years, renewable for another three (six years total), with further extensions possible for employees in the green card process.
2026 H-1B employer fee breakdown
Electronic registration fee: $215 per beneficiary. Paid during the March registration window. Non-refundable regardless of lottery outcome.
I-129 base filing fee: $780 (standard employers, 26+ employees); $460 (small employers, 25 or fewer FTEs; qualifying nonprofits). See the full USCIS filing fee schedule for current amounts.
ACWIA training fee: $1,500 (26+ employees); $750 (1–25 employees). Employer-only; cannot be passed to the employee.
Fraud Prevention and Detection fee: $500. Required for initial petitions and employer changes; not required for extensions with the same employer.
Asylum Program fee: $600 (26+ employees); $300 (1–25 employees); $0 (nonprofits). Introduced April 2024, in force through 2026.
Public Law 114-113 surcharge: $4,000 for employers with 50+ US employees where more than 50% hold H-1B or L-1 status.
Premium processing (optional): $2,965 as of March 1, 2026. Guarantees USCIS action within 15 business days.
Attorney fees: $1,500–$3,000 for standard cases; $3,000–$8,000 for complex cases or RFE responses.
Total per petition: $5,000–$12,000 for a standard large employer. Small employers pay $4,000–$8,000. Employers subject to the Public Law 114-113 surcharge should budget $9,000–$16,000.
The new $100,000 H-1B offshore surcharge
A Presidential Proclamation effective September 21, 2025 imposed a $100,000 payment requirement on certain new H-1B petitions. It applies when: (1) the employer has 50 or more US employees with more than 50% on H-1B or L-1 status, (2) the beneficiary is physically outside the United States, (3) the beneficiary does not currently hold a valid H-1B visa, and (4) the case requires consular processing. It does not apply to extensions or amendments with the same employer, or to in-country change-of-status filings. Litigation challenging this requirement continues, but employers who may be affected should assume it remains in force through at least September 2026. For affected employers hiring from abroad, this surcharge makes the total cost of a single new H-1B petition exceed $107,000 before attorney fees.
The 2026 wage-based H-1B lottery
Beginning with the FY2027 cap (registration March 2026), the H-1B lottery uses a wage-based selection system. Registrations for Level III and Level IV wage positions have a higher probability of selection than Level I and Level II positions. This directly affects employer strategy: companies offering higher wages for the sponsored role have better odds. The annual H-1B cap remains 65,000 regular visas plus 20,000 for holders of US master's degrees or higher. Universities, nonprofits, and qualifying government research organizations are exempt from the cap.
The L-1 visa: intracompany transfers without a lottery
The L-1 visa allows multinational companies to transfer employees from a foreign office to a US office of the same company. There is no annual cap and no lottery — making it a more predictable option than the H-1B for employers with international operations. Two categories exist: L-1A for executives and managers (initial stay up to three years, extendable to seven); L-1B for employees with specialized knowledge (initial stay up to three years, extendable to five). The employer must demonstrate a qualifying corporate relationship between the US and foreign entities (parent, subsidiary, affiliate, or branch).
2026 L-1 employer fee breakdown
I-129 base filing fee: $1,385 (standard employers); $695 (small employers with 25 or fewer FTEs or qualifying nonprofits)
Fraud Prevention and Detection fee: $500 (initial petitions and employer changes only)
Asylum Program fee: $600 (26+ employees); $300 (1–25 employees); $0 (nonprofits)
Public Law 114-113 surcharge: $4,500 for qualifying employers (50+ employees, majority on H-1B/L-1)
Premium processing (optional): $2,965 as of March 1, 2026
Attorney fees: $3,000–$8,000 for initial petitions; higher for new-office L-1 cases requiring business plans
Total per petition: $4,000–$10,000 for standard cases. Standard L-1 USCIS processing runs 3–8 months; premium processing guarantees 15 business days.
The O-1 visa is for individuals with extraordinary ability or achievement in their field — defined as being in the top tier of their profession through sustained national or international acclaim (O-1A for science, business, education, athletics; O-1B for arts, film, and television). There is no annual cap, no lottery, and no prevailing wage requirement. The O-1 can be extended indefinitely in one-year increments, making it valuable for long-term retention of high-impact hires.
2026 O-1 employer fee breakdown
I-129 base filing fee: $1,055 (standard employers); $530 (small employers/nonprofits)
Premium processing (optional): $2,965 as of March 1, 2026
Attorney fees: $5,000–$15,000. Higher than other visa types due to the evidence-intensive nature of building an extraordinary ability case.
Total per petition: $6,000–$20,000+. The government fees are lower than H-1B, but the legal fees are substantially higher. Employers are not legally required to pay O-1 fees (unlike H-1B), but most do as part of their offer.
TN and E-3 visas: low-cost alternatives for specific nationalities
TN visa (Canadian and Mexican citizens)
The TN visa is available under the USMCA (formerly NAFTA) to Canadian and Mexican citizens in a list of designated professional occupations including engineers, accountants, scientists, and lawyers. There is no annual cap, no lottery, no prevailing wage requirement, and no petition needed for Canadians (who can apply at the border). For Mexicans, the employer must file Form I-129. The TN is the most cost-efficient work visa option for eligible candidates: total costs of $500–$2,000 in attorney fees, with minimal government fees. The employer is not legally required to cover attorney fees for the TN (unlike H-1B), though most do.
E-3 visa (Australian citizens only)
The E-3 is structurally similar to the H-1B but available only to Australian citizens in specialty occupations. The employer must file a Labor Condition Application (LCA) but the E-3 has its own separate annual cap of 10,500, which is rarely reached. Fees are lower than H-1B: total employer costs typically $1,000–$3,000. Like the H-1B, the employer must pay the prevailing wage and is responsible for the LCA and associated legal fees.
Green card sponsorship through the employer-sponsored EB-2 or EB-3 route is a multi-phase process with distinct costs at each stage.
Stage 1: PERM labor certification (DOL)
There is no government filing fee for PERM labor certification, but the process requires the employer to conduct documented recruitment to demonstrate no qualified US worker is available. Costs include recruitment advertising ($1,000–$3,000), prevailing wage determination, and attorney fees ($6,000–$12,000). PERM is the most expensive stage in legal fees and the most time-consuming: 12–18+ months from prevailing wage determination through DOL certification.
Stage 2: I-140 Immigrant Petition (USCIS)
Filing fee: $715 plus the Asylum Program fee ($600 large employers, $300 small). Premium processing available for $2,965, guaranteeing a 15-business-day decision. Standard processing averages 5 months. Employer is responsible for all I-140 costs.
Stage 3: Adjustment of status or consular processing
If the employee is in the US: Form I-485 (Adjustment of Status) filing fee is $1,440 (includes EAD and advance parole). Typically paid by the employee, but many employers cover this as a retention benefit. If abroad: consular processing at a US embassy. Average I-485 processing time in 2024: 9.6 months. Priority date backlogs for Indian and Chinese nationals in EB-2/EB-3 categories stretch decades; nationals of other countries typically complete the process in 2–4 years after I-140 approval.
Total employer cost (PERM + I-140): $6,000–$15,000+. H-1B through green card, all-in over several years: $20,000–$40,000+.
Who pays what: employer vs. employee obligations
Federal law draws a clear line on H-1B cost responsibility. Employers must pay all USCIS filing fees associated with the H-1B petition (I-129, ACWIA, Fraud Fee, Asylum Program fee, Public Law 114-113 surcharge) and all PERM-related costs. These cannot be deducted from wages, required as repayment, or shifted to the employee. Doing so would violate DOL prevailing wage requirements and expose the employer to back-wage liability and potential debarment.
The employee pays their own DS-160 visa application fee ($205), any dependent visa filing fees, and the I-485 adjustment of status fee — though many employers cover the I-485 as a competitive retention benefit. Premium processing can be paid by either party depending on who benefits. As of January 1, 2026, employers also cannot require repayment of training, relocation, or employment-related costs upon separation. For non-H-1B visa categories (L-1, O-1, TN), the legal requirements are less prescriptive but the same principle applies: any fee deduction that brings wages below the applicable threshold is non-compliant.
Not every global talent strategy requires bringing workers to the US. For employers who want access to international skills without the cost, timeline, and compliance burden of US visa sponsorship, there are three main alternatives.
Employer of Record (EOR). An Employer of Record acts as the legal employer in the worker's home country, handling payroll, taxes, benefits, and local labor law compliance. The worker stays in their country; no US visa is required. This is the fastest route to compliant international hiring and requires no entity setup.
Foreign subsidiary. Establishing a local legal entity in the worker's country gives the employer full control and is cost-effective at scale, but requires significant upfront investment in registration, compliance infrastructure, and local HR expertise.
International contractors. Engaging international contractors is the lowest-cost option and works well for project-based or specialized work, but carries misclassification risk if the engagement looks and functions like employment. Classification rules vary by country and the penalties for misclassification are significant.
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Whether you choose to sponsor US work visas, hire with your own entity, use an EOR, or engage international contractors, Rippling connects every part of the process in one system.
Rippling's global HR software supports international contractors, EOR employees, and global payroll for employees on your own entities. Unlike other providers, Rippling can transition workers between employment models while keeping all data across HR, payroll, documents, time tracking, and expenses intact.
Frequently Asked Questions
What are the H-1B visa fees employers pay in 2026?
H-1B visa fees in 2026 are split between several mandatory government charges that the employer must pay, plus optional costs. Here is what a standard large employer (26+ employees) should budget per petition:
Electronic registration fee: $215 per beneficiary (non-refundable, paid during the March lottery window)
I-129 base filing fee: $780 (large employers); $460 (small employers with 25 or fewer FTEs or qualifying nonprofits)
ACWIA training fee: $1,500 (26+ employees); $750 (1-25 employees). Required for initial H-1B filings. Cannot be passed to the employee.
Fraud Prevention and Detection fee: $500 (initial filings and employer changes only, not extensions)
Asylum Program fee: $600 (26+ employees); $300 (1-25 employees); $0 (nonprofits). Introduced April 2024, still in force 2026.
Public Law 114-113 surcharge: $4,000 for employers with 50+ employees where more than 50% are on H-1B or L-1 status
Premium processing (optional): $2,965 effective March 1, 2026, guarantees USCIS action within 15 business days
Attorney fees: $1,500-$3,000 typical; $3,000-$8,000 for complex cases
Total H-1B cost for a large standard employer: $5,000-$12,000 per petition. Employers subject to the $100,000 offshore surcharge (see below) face materially higher costs. Note: petitions filed with incorrect fees are rejected outright by USCIS, so confirm the current fee schedule at uscis.gov before filing.
How much does it cost to sponsor a work visa in total?
Total work visa sponsorship costs depend heavily on visa type, employer size, and whether you are also sponsoring a green card. Here are 2026 benchmark ranges including government fees, attorney fees, and typical additional costs. For the H-1B, a standard large employer should budget $5,000-$12,000 per petition; the $100,000 offshore surcharge dramatically increases this for certain new overseas hires. For the L-1 (intracompany transferee), total costs run $4,000-$10,000 for an initial petition including USCIS fees ($2,485 for standard employers: $1,385 base + $600 asylum fee + $500 fraud fee) plus attorney fees of $3,000-$8,000. For the O-1 (extraordinary ability), USCIS fees are lower ($1,055 base for standard employers), but attorney fees are typically higher ($5,000-$15,000) due to the evidence-intensive nature of the filing; total ranges from $6,000-$20,000+. For green card sponsorship (EB-2 or EB-3), total employer cost for the PERM and I-140 stages runs $6,000-$10,000+, primarily attorney fees; the I-485 adjustment of status ($1,440) is typically paid by the employee but often covered by the employer as a retention benefit. H-1B through green card, all-in, can reach $20,000-$40,000+ over several years. First-time sponsors should also budget a one-time setup cost of $1,000-$3,000 for compliance systems and policy infrastructure.
What changed about H-1B sponsorship in 2026?
What was a straightforward fee structure has become significantly more complex in 2026. Three major changes affect employer budgeting. First, a Presidential Proclamation effective September 21, 2025 imposes a $100,000 payment requirement for certain new H-1B petitions where the beneficiary is physically outside the United States, does not already hold a valid H-1B visa, and requires consular processing. This requirement does not apply to extensions or amendments with the same employer, or to in-country status changes. It applies only to new petitions for workers abroad, and litigation challenging it remains ongoing as of mid-2026, but employers should plan as if it remains in effect. Second, the H-1B lottery for FY2027 (registration March 2026) uses a wage-based selection system that prioritizes Level III and Level IV wage positions, meaning employers offering lower wages face reduced odds of selection. Third, USCIS has increased scrutiny on specialty occupation determinations in 2026, leading to more Requests for Evidence (RFEs), especially for IT consulting and staffing arrangements. RFE responses can add $2,000-$4,000 in legal costs per petition. Employers who have not reviewed their specialty occupation documentation in recent years should do so before the next filing cycle.
Who is legally required to pay work visa fees, the employer or employee?
Federal law sets clear rules on who pays H-1B visa costs. Employers are legally required to pay all USCIS filing fees associated with the H-1B petition, including the I-129 base fee, the ACWIA training fee, the Fraud Prevention and Detection fee, the Asylum Program fee, and any applicable Public Law 114-113 surcharge. These fees cannot be passed to the employee under any circumstances, and deducting them from wages or requiring repayment would violate DOL wage protection regulations and could bring the employee's pay below the required prevailing wage. The premium processing fee is an exception: it may be paid by the employee if the expedited processing is for their own benefit rather than a business necessity. All PERM-related costs (recruitment advertising, prevailing wage determination, attorney fees for the labor certification) are the employer's responsibility. The employee is responsible for their own visa stamp fee (DS-160, $205), any dependent visa filing fees, and the I-485 adjustment of status fee ($1,440) if they are adjusting to permanent residence — though many employers cover the I-485 as a retention benefit in competitive hiring markets.
What are alternatives to the H-1B visa for employers?
The H-1B is not the only option, and in 2026 its cost and lottery risk make alternatives worth evaluating. The L-1 visa is available to multinational companies transferring managers, executives (L-1A), or specialized knowledge employees (L-1B) from an overseas office. There is no annual cap and no lottery, but the employer must have a qualifying corporate relationship with a foreign affiliate. Total costs are $4,000-$10,000. The O-1 visa is for individuals with extraordinary ability or achievement in their field. There is no lottery or prevailing wage requirement, and it can be renewed indefinitely. Attorney fees are high due to evidence requirements, but for strong candidates it offers a more certain path than the H-1B lottery. The TN visa is available exclusively to Canadian and Mexican citizens under the USMCA (formerly NAFTA) in designated professional occupations. It is low-cost (a few hundred dollars), fast (border approval for Canadians), and has no lottery. The E-3 visa is similarly available only to Australian citizens in specialty occupations; it has an annual cap but is rarely oversubscribed. For employers hiring internationally without bringing workers to the US, an Employer of Record (EOR) structure allows compliant employment in the worker's home country without US visa sponsorship.
How long does work visa sponsorship take?
How long work visa processing takes varies by visa type and whether premium processing is used. For the H-1B, the process spans multiple phases: registration in March (lottery results in April), then petition filing from April 1 for selected registrants, with USCIS standard processing averaging 2-4 months; premium processing ($2,965) guarantees a USCIS decision within 15 business days. H-1B status typically starts October 1 for cap-subject petitions. For the L-1, standard USCIS processing is 3-8 months; premium processing brings it to 15 business days. For the O-1, standard processing is 3-4 months; premium processing is 15 business days. For green card sponsorship, the PERM stage alone can take 12-18+ months from prevailing wage determination through DOL certification. I-140 processing averages 5 months standard; 15 business days with premium processing. I-485 adjustment of status averages 9-12 months. Priority date backlogs for workers from India and China in EB-2 and EB-3 categories are decades long, meaning a worker may wait many years for an available visa number even after all petitions are approved. Workers from other countries typically complete the process in 2-4 years. Employers should plan hiring timelines around these realities, especially for roles with hard start dates or project deadlines.
Can employers require employees to repay visa sponsorship costs?
Can employers require employees to reimburse work visa costs if they leave early? For H-1B petitions, the answer is no for most fees. Federal law prohibits employers from requiring employees to reimburse USCIS filing fees, ACWIA fees, attorney fees related to the petition, or PERM-related costs. These are business expenses that must be borne by the employer. Requiring repayment would violate the prevailing wage requirements of the H-1B program and expose the employer to DOL enforcement, back-wage liability, and potential debarment. Premium processing fees are an exception and can be recouped if the employee requested them for personal benefit. For non-H-1B visa categories (such as O-1 or L-1), the legal requirements are less explicit, but the same principle applies to the extent the fees bring wages below applicable minimums. As of January 1, 2026, a new rule prohibits employers from requiring repayment of training, relocation, or employment-related costs upon separation. Employers wishing to secure employee retention should instead use deferred bonuses, equity vesting schedules, or other positive incentive structures rather than clawback provisions tied to visa costs.
Disclaimer
Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide or be relied on for tax, accounting, or legal advice. You should consult your own tax, accounting, and legal advisors before engaging in any related activities or transactions.
