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Estimate the total USCIS filing cost for any H-1B petition: new cap-subject filings, transfers, extensions, and amendments. Includes the September 2025 Proclamation $100,000 supplemental fee, March 2026 premium processing rates, all required surcharges, and dependent (H-4 / I-539) costs.
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The September 19, 2025 Presidential Proclamation requires a $100,000 supplemental fee for new petitions filed for beneficiaries outside the U.S. who require consular processing.
Each H-4 dependent requires a Form I-539 filing. The H-1B principal's employer is not legally required to pay these fees — typically the employee pays.
H-4 EAD eligibility requires that the H-1B principal has an approved I-140 immigrant petition or AC21 extension beyond the 6-year limit.
Employer-mandatory fees (cannot be passed to the worker by law): I-129 base, ACWIA training, Fraud Prevention & Detection, Asylum Program Fee, and PL 114-113. Under DOL regulations, requiring the worker to pay these violates H-1B wage protection rules.
$100,000 Proclamation fee is an employer obligation paid via pay.gov before petition filing — cannot be passed to the worker.
Dependent fees (I-539, I-765) are not legally required to be paid by the employer. Typically the H-1B employee pays for their own dependents, although employers may choose to reimburse as a benefit.
Optional fees: Premium processing for the H-1B may be paid by either party depending on whose need it serves. Premium processing for I-539 dependent applications is almost always paid by the employee.
Kulen Law Firm advises employers on H-1B cost optimization, cap-exempt structuring, National Interest Exception requests, dependent filing coordination, and complex multi-beneficiary cases.
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Sources: USCIS Form G-1055 (05/06/26) · 8 CFR Part 106 · USCIS Premium Processing notice (March 1, 2026) · Presidential Proclamation 9/19/2025.
This calculator is for informational purposes only and does not constitute legal advice.