USA Employer Petition Fees Explained 2026

By January 2026, USCIS will be an ability-to-pay model. Big companies are now making an immense fiscal cost in comparison with small companies and nonprofits. Knowing your company status- whether your candidate is liable to the new six-figure surcharge is important to Q1 2026 budgeting.

Mandatory Employer Fees 2026

The following terms can be used to distinguish between the base costs and new regulatory surcharges:

Base Fee I-129 Core Filing Fee $780 standard, Asylum Program Fee $600, Fraud Prevention Fee $500, ACWIA Training Fee $750-1,500.
New Surcharges 2026 OBBRA Integrity Fee (250), $100,000 H-1B Proclamation Fee (Pay.gov receipt needed), FY 2027 Registration Fee (215 per applicant).
Volume-Based Penalties: Public Law 114-113 Fee ($4,000 -4,500 on 50/50 companies), VIBE Compliance Audit.

Financial Factors of High Impact in 2026

The $100,000 H-1B “Proclamation Fee”

The most seismic change in 2026 is the additional fee of $100,000 that is needed on new H-1B petitions.

Who pays: Workers who are employed in the U.S. at present and who are in Consular Notification cases (Shainan 13).
Exemptions: This fee is not charged in case of Change of Status filing (e.g. F-1 students already in the U.S.) or a mere extension with the same employer.
Fee: One should make payment through Pay.gov prior to filing. Evidence of payment should be sent with the I-129 petition, otherwise, it will be rejected.

The H-1B Lottery of the H-1B

Beginning with the March 2026 lottery (to FY 2027), USCIS has a weighted system. There is a flat registration fee of 215, but the salary commitment is not talked about in the open, but its cost is implicit:

Level 4 Wage: Allows 4 entries in the lottery (maximum odds).
Level 1 Wage: Only 1 entry (lowest odds). Employers need to determine whether it is more economical to pay a Level 4 salary to a successful job applicant than to take the chance of a flop lottery pay to satisfy a Level 1 job seeker.

Public Law 114-113 (The “50/50 Rule”)

In the case of your company with 50 or more employees and 50 or more employees on H-1B or L-1 status, the amount of extra money to pay is as follows:

$4,000 for H-1B petitions
$4,500 for L-1 petitions

Refund Power and Warnings of Compliance

USCIS has also increased its policy on fee errors in 2026. Absence of a signature or the check of 775 dollars as opposed to 780 dollars will automatically lead to rejection.

Non Refundable: The USCIS fees are processing fees, not approval. In case the petition is not granted, you do not receive your base fees and the 100k Proclamation fee back.
Employer Liability: Employer as per the DOL is required to pay the ACWIA fee, Fraud fee and the 100000 Proclamation fee. Given that there are heavy fines and debarment accompanying the forced reimbursement of such costs on an employee, it can be inferred that this may be devastating.
Premium Processing: The 2026 cost is 2,805 of 15 business-day response. This is among those few fees an employee can be charged in case the request is in his or her own convenience of travelling.

FAQs

Can we share the 100000 dollar fee with the employee?

No. Recent policy (2026) sees this as an employer-specific fee to the U.S. labor market. The erosion of this on wages of an employee would probably be contrary to the required wage provisions of the LCA.

What happens when I want to know whether I can be considered a Small Employer?

You are eligible when you employ a number of 25 or less full time equivalent (FTE) in the U.S. including affiliates and subsidiaries. With this designation saving you more than 1000 dollars at a time.

Is OBBRA Integrity Fee a one time payment?

The payment of the $250 fee is done on a per H-1B or L-1 petition as part of the H-1B and L-1 Visa Integrity Fund, which funds USCIS site visits and fraud investigations.

Final Thoughts

The 2026 filing season compensates accuracy. At the $215 registration cost and the possible surcharge of $100,000, it is no longer possible to gamble with ill prepared petitions. This year needs a success and a total cost of hire audit–weighing the advantages of the high-wage lottery entries and the government fees they must pay as mandatory.

Disclaimer

This paper is informational and educative in nature. Before applying or committing their finances, the official employer or government (USCIS.gov) should be checked.