Key Takeaways
• The H-1B ACWIA fee is $750 for employers with 1-25 employees and $1,500 for those with 26+ employees.
• Employers pay the H-1B training fee for initial petitions, first extensions, and transfers; passing it to employees is prohibited.
• Exemptions apply to non-profits, schools, and research organizations; fees vary for other H-1B costs like Premium Processing ($2,805).
The H-1B visa program, which allows U.S. employers to hire foreign professionals in specialized fields, is a cornerstone of the U.S. immigration system. Among its mandatory requirements is the H-1B training fee, formally known as the ACWIA fee. Established to fund training programs for U.S. workers, this fee addresses workforce development in sectors where H-1B visa holders are employed. Below, we’ll detail its purpose, cost, who pays it, and how it fits into the broader financial framework of the H-1B visa process.
What is the H-1B Training Fee?
The H-1B training fee (called the ACWIA fee) is required for most H-1B petitions. This fee supports education and specialized training programs for U.S. workers, making them more competitive in industries like technology, healthcare, and engineering—fields where many H-1B visa holders are employed. By collecting this fee, the U.S. government intends to offset any gaps in domestic labor caused by reliance on foreign workers.
How Much is the H-1B Training Fee?
The cost of the ACWIA fee depends on the size of the employer. A detailed cost breakdown is as follows:
- Employers with 1-25 full-time employees: $750
- Employers with 26 or more full-time employees: $1,500
- Exempt entities: $0
Exemptions apply to most non-profits, educational institutions, and similar organizations.
In this context, “full-time employees” includes the total number of workers the employer employs across the United States, and not only those under H-1B visa status.
Who Pays the H-1B Training Fee?
The responsibility to pay the H-1B training fee falls solely on the employer. Federal law considers this fee a business operating expense, meaning employers are prohibited from passing its cost onto the foreign worker. Failure to comply with this rule can lead to hefty penalties. Employers are required to add the ACWIA fee to their total costs when filing qualifying petitions.
When is the H-1B Training Fee Required?
The timing of the ACWIA fee depends on the type of H-1B petition filed. Employers must pay the fee during these instances:
- Initial H-1B Petitions: First-time petitions for new H-1B workers require payment of the training fee.
- First H-1B Extension: Employers must pay the fee when filing the first extension for an H-1B worker, but subsequent extensions with the same employer are exempt from this fee.
- H-1B Transfers: If an H-1B worker is switching employers, the new employer must pay the ACWIA fee as part of the transfer.
Fee Type | Details | Amount |
---|---|---|
H-1B Training Fee (ACWIA) | Mandatory fee supporting U.S. workforce training programs. | $750 (1-25 employees), $1,500 (26+ employees), $0 (exempt entities) |
Registration Fee | Required for H-1B applications (effective March 2025). | $215 |
I-129 Petition Fee | Fee for petitioning nonimmigrant workers. Discount for small employers and specific non-profits. | $780 (standard), $460 (small employers/qualified non-profits) |
Fraud Prevention and Detection Fee | Fee required for initial petitions and employer changes. | $500 |
Public Law 114-113 Fee | Applicable to companies with 50+ employees and 50% or more workforce on H-1B or L-1 visas. | $4,000 |
Premium Processing Fee | Optional fee for expedited processing (15 calendar days). | $2,805 |
Asylum Program Fee | Fee to support asylum program. Exempt for non-profits. | $600 (large employers), $300 (small employers) |
Visa Fee | Paid at U.S. consulates abroad by employees. | $190 |
Reciprocity Fee | Varies based on employee’s home country. | Dependent on country |
Exceptions to the H-1B Training Fee
Certain employers and situations are excluded from paying the H-1B training fee:
- Non-profits affiliated with higher education institutions.
- Primary or secondary schools.
- Non-profit or government research organizations.
- Non-profits engaged in creating clinical training programs for students in conjunction with educational curriculum.
Other Related H-1B Visa Costs
Scenario | Employer Size | Total Cost |
---|---|---|
Without Premium Processing | Small Employer (1-25 employees) | $2,225 |
With Premium Processing | Large Employer (26+ employees) | $6,400 |
50+ Employees with 50%+ Workforce on H-1B/L-1 | Any | $10,400 |
Responsibility | Fee Type | Who Pays |
---|---|---|
Employer-Only Costs | Registration Fee, I-129 Fee, H-1B Training Fee (ACWIA), Fraud Prevention Fee, Public Law Fee, Asylum Program Fee | Employer |
Optional Costs | Premium Processing Fee | Employer or Employee |
Employee-Only Costs | Visa Fee, Reciprocity Fee | Employee |
The H-1B training fee represents only one piece of the overall costs associated with an H-1B petition. Depending on the circumstances, employers and employees may also need to prepare for additional fees. Below is a detailed list of current and upcoming costs related to an H-1B visa:
- H-1B Registration Fee: $215 (from March 2025).
- I-129 Petition for Nonimmigrant Worker:
- $780 for most standard employers.
- $460 for small employers and qualified non-profits.
- Fraud Prevention and Detection Fee: $500 (required for all initial H-1B petitions and employer changes).
- Public Law 114-113 Fee: $4,000 (applicable to companies with 50+ employees and 50% or more in H-1B or L-1 statuses).
- Premium Processing Fee: $2,805 (optional, expedites visa application processing to 15 calendar days).
- Asylum Program Fee:
- $600 for large employers.
- $300 for small employers.
- Exemptions apply to non-profit organizations.
Cost Breakdown Scenarios for Employers
Employers should budget carefully when filing an H-1B petition, particularly when optional services like premium processing are included. The total cost varies depending on the employer size and situation. Below are three examples of potential H-1B visa cost scenarios:
- Small Employer (1-25 employees) without Premium Processing
- Registration Fee: $215
- I-129 Petition Fee: $460 (discounted rate for small employers)
- ACWIA Fee: $750
- Fraud Prevention Fee: $500
- Asylum Program Fee: $300
Total: $2,225
- Large Employer (26+ employees) with Premium Processing
- Registration Fee: $215
- I-129 Petition Fee: $780
- ACWIA Fee: $1,500
- Fraud Prevention Fee: $500
- Asylum Program Fee: $600
- Premium Processing Fee: $2,805
Total: $6,400
- Employer with 50+ employees and more than 50% H-1B/L-1 workforce
- Registration Fee: $215
- I-129 Petition Fee: $780
- ACWIA Fee: $1,500
- Fraud Prevention Fee: $500
- Asylum Program Fee: $600
- Public Law 114-113 Fee: $4,000
- Premium Processing Fee: $2,805
Total: $10,400
Payment Rules and Responsibilities
Each expense associated with an H-1B petition is assigned to either the employer or the employee. Below is a breakdown of these responsibilities:
- Employer-Only Costs:
- Registration Fee
- I-129 Fee
- H-1B Training Fee (ACWIA)
- Fraud Prevention Fee
- Public Law Fee (if applicable)
- Asylum Program Fee
- Costs That Can Be Paid by Either Employer or Employee:
- Premium Processing Fee (optional).
- Employee-Only Costs:
- Visa fees paid at U.S. consulates abroad: $190.
- Reciprocity fees (if applicable, based on the traveler’s home country).
It is worth emphasizing that employers cannot legally pass the ACWIA fee onto H-1B workers or deduct it from their salaries in any form. This ensures that the goal of funding U.S. workforce development programs remains intact.
Closing Remarks
The H-1B training fee plays a central role in funding efforts for strengthening the U.S. labor force by addressing skill gaps in key fields. While this fee requires employers to invest in the H-1B process, it underscores the commitment to balancing foreign talent with domestic opportunities. Together with other required and optional fees—like the Premium Processing Fee, which allows faster visa processing at an added cost—petitioners can expect H-1B visa expenses to mount depending on their needs and optional choices.
For additional official details, you can visit the U.S. Citizenship and Immigration Services (USCIS) website here. Analysis from VisaVerge.com illustrates that employers must plan ahead to manage these costs while staying compliant with H-1B filing requirements. Understanding these fees is essential for both employers and foreign nationals aiming for a smooth H-1B application experience.
Learn Today
H-1B Visa → A U.S. work visa allowing employers to hire foreign professionals in specialized fields like technology or healthcare.
ACWIA Fee → A mandatory fee for most H-1B petitions used to fund training programs for U.S. workers in key industries.
Fraud Prevention and Detection Fee → A $500 fee required for initial H-1B petitions or when an H-1B worker changes employers.
Premium Processing Fee → An optional $2,805 fee to expedite H-1B application processing to 15 calendar days.
Public Law 114-113 Fee → A $4,000 fee for companies with 50+ employees, 50% or more in H-1B or L-1 statuses.
This Article in a Nutshell
The H-1B training fee, or ACWIA fee, funds workforce development, equipping U.S. workers in fields reliant on foreign talent. Employers, not employees, pay this fee: $750 for small businesses, $1,500 for larger ones. Critical for compliance, it ensures opportunities for domestic upskilling while fostering a balanced, globally competitive labor market.
— By VisaVerge.com
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