H-1B Attorney Fees: What Employers Pay and Who Is Responsible

Hiring an immigration attorney for an H-1B program is a budgeting decision as much as a legal one, and the rules about who pays what are stricter than most employers expect. This guide breaks down how H-1B legal fees are structured, which costs the Department of Labor requires the employer to absorb, and how to read a quote so the number you sign up for is the number you pay. For the full government cost breakdown, see our guide to H-1B costs for employers.

Key Takeaways

• For H-1B, the employer, not the worker, has to pay the attorney fees tied to the petition, along with the ACWIA training fee and the $500 fraud fee, which can never be charged to the employee.
• H-1B legal fees are usually a flat fee per petition, charged separately from the government filing fees, which run several thousand dollars for a standard employer.
• Flat fees vary in what they include, notably whether an RFE response and the required compliance steps are built in or billed on top.

What is the H-1B visa? The H-1B is a U.S. work visa for specialty occupations, roles that normally require at least a bachelor’s degree in a specific field. The employer is the petitioner and files Form I-129 with USCIS. For the full overview, see our H-1B visa guide.

What is the difference between H-1B attorney fees and government filing fees?

Two different costs sit inside every H-1B petition, and they are paid to two different places. Attorney fees are what a law firm charges to prepare and file the case. Government filing fees are set by USCIS and paid to the agency. Attorney fees vary by firm and case; government fees are fixed by a published schedule.

For an H-1B, the distinction also carries a legal rule. As covered below, most of the petition costs, including the attorney fees, are the employer’s responsibility and cannot be shifted onto the worker. That makes the split worth understanding before you compare quotes.

How do immigration attorneys charge for H-1B petitions?

There is no single industry standard, but most firms use one of three structures. The right one depends on the type of case and how many H-1Bs the employer files.

Fees vary by firm, case type, and complexity. A straightforward cap-subject petition or transfer usually takes less work; a case with a thin specialty-occupation argument or a likely Request for Evidence (RFE) takes more, which raises the fee.

Which H-1B fees must the employer pay?

For H-1B, the employer carries most of the cost by law. The table below summarizes the rules; the DOL Wage and Hour Division Fact Sheet 62H is the primary source.

The premium processing point is the most common gray area. If the employer needs the faster decision so the worker can start on time, that is a business expense the employer pays. If the worker wants the speed purely for personal reasons, they may cover it. These rules are nuanced and fact-specific, so confirm any cost-sharing arrangement with counsel before relying on it.

What are the 2026 H-1B government filing fees?

Government fees sit on top of attorney fees and depend on the employer’s size. The figures below are for a standard employer with more than 25 full-time employees and are accurate as of June 2026.

Cap-subject filings also require a separate electronic registration with its own fee. Always confirm the current amounts on the USCIS Fee Schedule (Form G-1055), since H-1B fees and related policies have been the subject of recent rulemaking and litigation in 2025 and 2026. For the full employer cost picture, including how these fees add up across a program, see our H-1B costs for employers guide.

What factors influence H-1B attorney fees?

Not every H-1B is the same amount of work, and legal fees track the effort a case takes.

Is it a cap case, a transfer, or an amendment?

A cap-subject petition tied to the lottery, an H-1B transfer to a new employer, and an H-1B amendment for a material change each involve a different amount of drafting and analysis. Transfers and amendments are often lighter than a first-time cap filing, though a complex role can flip that.

How clear is the specialty-occupation argument?

H-1B approval turns on showing the role is a specialty occupation that requires a degree in a specific field. A standard engineering or finance role with a clean job description is quicker to document. A hybrid role, an unusual degree match, or a small or new employer can take more work to support, which raises the fee.

What is the risk of a Request for Evidence?

When an attorney expects a likely RFE, they invest more time upfront to reduce it. This is a common source of surprise costs, and whether the RFE response sits inside the flat fee or is billed separately varies by firm.

How many H-1Bs are you filing?

Employers running a volume program often negotiate per-case pricing that differs from a one-off petition. Employers filing several H-1Bs a year alongside other visas are often priced at the program level rather than per single case.

How Manifest prices H-1B work

Manifest Law handles H-1B petitions for employers on a per-case flat fee with no hidden or surprise charges, so the cost is clear before the work starts. Corporate pricing is quoted per program rather than published as a consumer rate, because the right structure depends on how many cases an employer files and which visas are involved.

Every corporate case is staffed by W-2 attorneys employed directly by the firm, not outside co-counsel, with a named attorney of record and a minimum two-attorney review on every petition. HR and mobility teams track each case through the Manifest portal, with live integrations into tools like Rippling, Workday, Gusto, Deel, Greenhouse, Ashby, and Lever, and the firm is SOC 2 Type II compliant. Manifest also offers a Visa Approved or Money Back Guarantee to eligible corporate clients, on a case-by-case basis and subject to availability (full terms).

To talk through H-1B pricing for your team, see Manifest’s options for early-stage startups, growing programs, and established programs, or request a consultation.

Frequently asked questions

Does the employee have to pay H-1B attorney fees?

Generally no. Attorney fees for preparing and filing the H-1B petition are treated as the employer’s business expense, and the employer cannot deduct them from the worker’s pay if doing so brings the wage below the required level. The ACWIA training fee and the $500 fraud fee can never be charged to the employee.

Can an employee pay for H-1B premium processing?

Sometimes. If premium processing is needed for the employer’s benefit, such as getting the worker started on time, the employer must pay. If the worker requests it only for their own personal benefit, they may pay for it. Because the line is fact-specific, confirm the arrangement with counsel.

How much does an H-1B lawyer cost?

Most firms charge a flat legal fee for the petition, separate from government filing fees. The exact amount depends on whether it is a cap case, transfer, or amendment, the strength of the specialty-occupation argument, and whether an RFE response is included.

Are attorney fees the same as the government filing fees?

No. Attorney fees go to the law firm for preparing the case; government filing fees are set by USCIS and paid to the agency. For a standard employer, the government fees alone run several thousand dollars before any attorney fee. The current amounts are published on the USCIS Fee Schedule (Form G-1055), linked in the government-fee section above.

Disclaimer. This article is for general informational purposes only and does not constitute legal advice. Reading it, or contacting Manifest Law through this site, does not create an attorney-client relationship. Immigration law changes frequently, and the information here is current only as of the publication date. For advice on your specific situation, consult a licensed attorney. Prior results do not guarantee a similar outcome. This communication is attorney advertising.