Navigating the USA Employment Visa USCIS Fee Structure 2026 has become a high-stakes financial puzzle for American businesses. As of January 1, 2026, new inflationary adjustments under the H.R. 1 framework have taken effect, followed closely by a significant March 1 Premium Processing hike.
For many, the most jarring update is the controversial $100,000 H-1B “Tariff” Fee for consular-processed petitions. Whether you are a small startup or a Fortune 500 firm, failing to include the correct, postmark-valid fee will result in an immediate rejection—potentially costing you a critical hire in the 2026 cap season.
Core Filing Fees & Employer-Size Variables (2026)
In 2026, USCIS fees are not the same for everyone. They now depend on your company size and type. This helps larger companies pay more to support other programs.
- Form I-129 Base Fee This is the main fee for petitions like H-1B, L-1, and O-1. The standard fee is $1,385. But small employers (with 25 or fewer full-time employees) and nonprofits pay only $695. This lower fee helps smaller groups save money.
- Asylum Program Fee This new fee helps pay for asylum cases that are delayed. Nonprofits pay $0. Small employers pay $300. Normal large employers pay the full $600. This fee is added to many work visa petitions.
- Fraud Prevention & Detection Fee This is a flat fee of $500. It is required for all new H-1B and L-1 petitions, and also when a worker changes employers. Everyone must pay this.
- Public Law 114-113 Fee This is also called the “50/50 rule” fee. If your company has 50 or more employees in the USA, and more than 50% of them are on H-1B or L-1 visas, you must pay extra. It is $4,000 for H-1B and $4,500 for L-1. This rule makes sure companies do not depend too much on foreign workers.
These changes make fees fairer. Bigger companies help cover costs for humanitarian programs. Small companies and nonprofits get good discounts.
The 2026 “H-1B Tariff” & Integrity Fees
In late 2025, new laws and rules added high fees to protect American jobs. These are called “integrity” fees.
- $100,000 H-1B Presidential Proclamation Fee This big fee started for H-1B petitions where the worker is outside the USA (consular processing). It is like a tariff on bringing in new foreign labor. The goal is to push companies to hire people already in the USA, such as F-1 students on OPT. This fee applies to new petitions after a certain date in 2025. It does not apply to extensions or changes for workers already in the USA, unless the case changes to consular processing (for example, if the worker travels abroad during the process). Many companies find this fee very high, and some groups are challenging it in court.
- OBBRA Visa Integrity Fee This is a new $250 fee per person. It applies to most work visas like H, L, O, P, and R. It started in early 2026 to help with visa checks.
- H-1B Registration Fee To join the H-1B lottery in March, you pay $215 per person. In 2026, the lottery has a new rule: it gives more chances to higher-paid jobs. This wage-weighted system helps select better-paid roles first.
These new fees make hiring from abroad more expensive. Companies need to plan carefully.
Expedited Services & Premium Processing 2026
Premium Processing lets USCIS decide faster for an extra fee. On March 1, 2026, USCIS increased these fees because of inflation. The old fees were lower, but now you must pay the new amount if you mail after March 1.
Here are the new Premium Processing fees after March 1, 2026:
- Form I-129 (H-1B, L-1, O-1): $2,965 – Decision in 15 business days.
- Form I-140 (EB-1, EB-2, EB-3): $2,965 – Decision in 15 business days.
- Form I-129 (H-2B, R-1): $1,780 – Decision in 15 business days.
- Form I-765 (F-1 OPT/STEM): $1,780 – Decision in 30 calendar days.
- Form I-539 (Dependents): $2,075 – Decision in 30 calendar days.
These increases are small but important. If you use the old fee like $2,805 after March 1, USCIS will reject your whole petition. Always check the latest fee schedule.
2026 Inflationary “H.R. 1” Adjustments
On January 1, 2026, some fees went up because of the Consumer Price Index (CPI-U). This is a way to adjust for rising prices.
- Form I-765 EAD Fee This is for work permits. Initial applications now cost $560. Renewals for many types (like TPS and Parole) are $280.
- Form I-140 Base Fee This is for Green Card petitions. The standard fee is $715.
- Annual Asylum Pending Fee This is $102 every year. It is for people who keep work permission while their asylum case is waiting. This fee is controversial.
- Biometric Services Fee This simple fee is $30 for fingerprints and background checks.
These small increases add up for many applications.
Strategy Tip: The “Postmark Rule” USCIS is very strict about dates. If your package is postmarked on or after March 1, 2026, and you use the old Premium Processing fee, they will reject everything. In the H-1B season, this mistake can cost you a good worker. Always look at the official G-1055 Fee Schedule before you send anything.
Frequently Asked Questions (FAQ)
Does a nonprofit have to pay the $100,000 H-1B fee?
Current rules say yes for consular processing. It does not depend on the employer type. But some courts are looking at this for nonprofits.
Can the employee pay the H-1B filing fees?
No. The law says the employer must pay the base fee, fraud fee, and other main fees. The worker can only pay Premium Processing if it helps them personally.
How do I prove I am a “Small Employer”?
Send your latest quarterly tax forms (like Form 941). They must show you have 25 or fewer full-time equivalent employees.
Is your 2026 immigration budget ready? Do not let a wrong fee cause rejection. Check official sources like USCIS.gov or the Federal Register. This guide helps you understand, but always confirm the latest information.