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For those holding an H-1B visa, the expense of holding a legal H-1B status in the United States is increasing, and the question of who pays becomes a more important one than ever. The Trump administration is proposing to extend mandatory fees to apply to H-1B extensions, as well as initial applications. The new rules require large employers to pay additional fees for new H-1B petitions. However, if the proposed rule goes into effect, the same fees would come in on renewals — which are the overwhelming majority of H-1B renewals each year — hitting hundreds of thousands of Indian professionals.
Quick Facts: H-1B Visa Extension Cost in 2026
| Item | Detail |
| Who submits the H-1B extension? | The person who is offering an apprenticeship to the apprentice (the company). |
| The USCIS filing fee bases are as follows | ~$730 (I-129 petition fee) |
| 9/11 Response Fee (large employers) | $4,000 per H-1B petition (proposed to apply to renewals) |
| Premium processing (optional) | ~$2,805 for 15-business-day processing |
| Does the employee have the funds to pay? | Primarily employer-paid (voluntary employee payment in limited cases) – most fees are legally the employer’s |
| Grace period following H-1B expiration | 60 days |
| Percentage of Indian nationals in the H-1B renewal category (FY25) | 77.6% |
Why Is the H-1B Visa Extension Cost Increasing?
The proposed rule change is from the Department of Homeland Security, which would like to broaden the “9/11 Response and Biometric Entry-Exit Fee” to all H-1B extension petitions, in addition to the initial petitions and employer transfers.
Currently, employers with over 50 employees and more than 50% H-1B or L-1 visa employees are paying an extra $4000 per H-1B filing. In the proposed expansion, that fee will be charged each time they renew their H-1B, which for most H-1B workers occurs every three years.
The impact the H-1B extension has is substantial. According to USCIS data, 406,685 H-1B petitions were approved in FY 2025, of which 71% (or about 291,000) were renewals for extension of employment. Of that number, more than 226,000 were for Indians, representing approximately 77.6% of the total H-1B renewals. The fee hike is being felt by tech giants such as Amazon, Microsoft, Google, Apple and others, who are among the biggest consumers of H-1B renewals.
Who Must Pay H-1B Extension Fees?
The regulations of the Department of Labour mandate that most of the H-1B filing costs are the legal responsibility of the employer. This is an essential component of H-1B sponsorship requirements — and it’s not negotiable. The typical H-1B filing fee consists of the following elements:
- The petition fees to USCIS, paid by the employer
- This fee is due on the employer’s behalf for 9/11 Response (if applicable).
- The purpose of this fee is to prevent and detect fraud.
- Premium processing fee – paid by either party, but only by the employee voluntarily.
There is no doubt in the U.S. immigration laws that an employer may not pass on to the employee an H-1B employer filing fee that lowers the prevailing wage below the minimum wage. This is a breach of the requirements of the application for labour conditions and may result in labour condition penalties for the company.
What to Do If Your Employer Refuses to Pay?
But that’s where it gets tricky. Although the employer must pay for the filing of an H-1B visa application, the employer isn’t legally obligated to sponsor your visa in perpetuity. If the employer is unwilling to file for an extension, you have the following options:
- Transfer to a new employer: Transferring to a new sponsoring employer is referred to as an H-1B transfer or portability. There is no need to wait for approval to start working for the new company; you can work there from the time the transfer petition is filed. An H-1B transfer vs extension consideration: Transfer requires that you get a new employer willing to sponsor you, while extensions remain with your existing employer.
- Negotiate with your employer If the H-1B visa extension cost is the issue, some workers will engage in negotiations with their employer to have the fees paid for their optional premium processing, while the employer pays mandatory fees. There is no legal restriction on this.
- Consult an immigration attorney H-1B legal compliance is complex and requires the advice of an immigration attorney. An immigration attorney can indicate if your employer is actually breaking their H-1B employer responsibilities and offer you legal guidance on what you could do about it, such as whether or not it is worth submitting a complaint to the Department of Labour.
- Know your grace period If your H-1B runs out, but your employer does not file, you have a grace period of 60 days to find a way out of the situation before your status becomes invalid. Use it. After this window expires, it is extremely difficult to maintain H-1B status.
H-1B changes are reshaping opportunities for workers.
Could H-1B Program Face Closure?
Check out what the proposal means.
Will Fraud Crackdowns Protect Jobs?
Find out how workers could benefit.
Which H-1B Alternatives Are Faster?
Explore TN and E-3 visa routes.
Could Tech Layoffs Hurt H-1B Workers?
See how layoffs may affect workers.
How Will Trump’s H-1B Suspension Impact Indians?
Uncover what Indian workers need to know.
Comparison: H-1B Extension vs. H-1B Transfer
| Factor | H-1B Extension | H-1B Transfer |
| Sponsor | Same employer | New employer |
| Filing party | Current employer | New employer |
| When you can work | Once the approval process (or continued employment) has been completed | Once new petition is filed |
| Fee burden | Current employer pays | New employer pays |
| Best for | Remaining with current employer | Changing jobs |
FAQs
Is it possible for an employee to cover the H-1B extension fees?
Staff cannot pay any required USCIS petition fee in a manner that effectively decreases the staff’s salary below the prevailing wage. Extra charges (premium processing) may be voluntary.
Do you have to pay the H-1B filing fees?
Yes. The Department of Labour regulations require the employer to pay required fees. The employee cannot have these deducted from their wages by their employer.
May an employer decline to sponsor an extension of an H-1B?
In principle, yes – employers are not required to continue sponsoring a worker’s visa. If they do not agree, however, the employee is free to apply for a new sponsor through H-1B transfer without penalty during the grace period.
How long does it take for the H-1B visa to be renewed?
The majority of employers file H-1B extension petitions up to 6 months prior to the expiration of their current status. The H1B renewal process usually takes anywhere from several months to months, but premium processing can get it done in 15 business days.
What if an H-1B extension is denied?
The worker is usually given 60 days to exit the U.S. or obtain an alternative status if the extension is denied. It is highly advised to get an immigration lawyer right away.
