H-1B Attorney Fees: Cost Guide

If you're navigating the H-1B visa process, understanding attorney fees helps you budget accurately and comply with immigration regulations. Legal costs vary based on case complexity and law firm; payment responsibilities follow specific rules under immigration law, and recent policy changes have introduced additional fees for certain employers.

This guide covers typical immigration attorney fees, who pays what, the full breakdown of government filing fees, and how to evaluate quality legal services. Whether you're a first-time H-1B applicant or extending your status, knowing these costs upfront prevents surprises and helps you plan.

Understanding H-1B legal costs

Two distinct cost categories apply to every H-1B petition, and understanding the difference helps you budget accurately and ensures compliance with payment regulations.

What goes into H-1B attorney fees?

Attorney fees for legal services and USCIS filing fees paid directly to the government are separate expenses with different payment rules. Immigration attorneys provide a range of services during the H-1B application process.

These typically include preparing the Labor Condition Application (LCA) filed with the Department of Labor, drafting and filing Form I-129 with U.S. Citizenship and Immigration Services (USCIS), compiling supporting documentation to establish specialty occupation eligibility, and responding to any Request for Evidence (RFE) that USCIS issues. Legal representation matters because proper documentation reduces the risk of RFEs and denials. An experienced immigration lawyer understands what USCIS adjudicators look for and can strengthen your H-1B petition accordingly.

Typical attorney fee ranges

Standard H-1B petition preparation typically costs $2,000–$5,000. This range reflects several factors: law firm size and reputation, geographic location, case complexity, and whether you're filing a first-time petition or an extension.

Premium processing coordination and consular processing support may add $500–$1,000 to the base fee. Keep in mind that attorney fees don't include USCIS filing fees or government processing costs, which are separate line items when calculating the total H-1 B visa cost for employee and employer budgeting.

Who pays H-1B attorney fees?s

Federal regulations strictly control who pays certain H-1B costs, while other fees offer more flexibility. Understanding these rules protects both employers and employees from compliance violations.

Legal requirements under immigration law

Employers must pay all mandatory USCIS filing fees by law. These include the registration fee, base filing fee, fraud prevention and detection fee, and ACWIA training fee. This requirement protects H-1B workers from bearing costs that benefit employers.

Attorney fees follow different regulations. While government fees have strict payment requirements enforced by immigration law, legal fees are considered discretionary costs with more flexibility in who pays.

Attorney fees: employer vs. employee

Can an employee pay H-1B attorney fees? Yes, this is legally permissible under current immigration law. The restriction on passing costs to employees applies specifically to mandatory government fees, not attorney charges.

Most employers cover immigration attorney fees as a business expense and recruitment cost. Paying attorney fees demonstrates commitment to the employee, gives the employer control over the visa application process, and helps ensure compliance with specialty occupation requirements. Negotiation depends on company policy, employee circumstances, and visa type. A new H-1B cap petition may be handled differently from an extension or a transition to green card status.

Important note: Any agreement on fee payment should be documented in writing before legal services begin. This protects both parties and clarifies expectations around the H-1b attorney fee who pays.

The $100,000 H-1B fee explained.

The terminology around this fee creates widespread confusion, leading many to misunderstand both the amount and who it applies to. Here's what you actually need to know.

What this fee actually is

Official name: H-1B and L-1 visa fee under Public Law 114-113. The commonly referenced "$100,000 fee" is a widespread misconception. The actual amount is $4,000 per H-1B petition, not $100,000 per petition.

Who pays the H-1B $100,000 fee: Only applies to employers with 50+ employees where more than 50% hold H-1B or L-1 visa status. Purpose: Discourage H-1B-dependent business models. The "$100,000 fee" is a misnomer that confuses many applicants. It likely stems from a misunderstanding of the cumulative impact on large-scale employers filing multiple petitions annually.

Is the 100k H-1B fee legal?

Yes, enacted by Congress in 2015 under the Consolidated Appropriations Act. Do current H-1B holders have to pay $100,000? No—applies only at petition filing, and only to qualifying employers.

This is a mandatory government fee, not an attorney charge. Cannot be passed to the H-1B worker/beneficiary under any circumstances.

Complete fee breakdown

Understanding the full cost structure requires separating government-mandated filing fees from optional legal services. Here's exactly what you'll pay.

Standard H-1B fees

The U.S. government requires specific filing fees for every H-1B petition, paid directly to USCIS by your employer. These fees are mandatory by law and cannot be passed to the H-1B worker under any circumstances. Your employer pays these USCIS filing fees directly to the government:

• Registration fee: $10 per lottery entry
• Base filing fee (Form I-129): $460
• Fraud prevention and detection fee: $500
• ACWIA training fee: $750 (small employers) or $1,500 (25+ employees)
• Premium processing fee: $2,805 (optional, guarantees 15 business days processing time)
• Asylum Program fee: Varies by employer size
• H-1B and L-1 fee: $4,000 (if employer meets the 50/50 threshold)

Attorney fees vs. filing fees

The distinction matters: immigration attorney fees compensate law firms for legal services, while USCIS filing fees go directly to U.S. Citizenship and Immigration Services. Total typical H-1B cost ranges from $3,000–$9,000+ depending on circumstances, employer size, and whether premium processing is selected.

Additional costs may apply for dependent applications, extensions, or transitioning toward a green card.

With standard government and attorney fees clarified, it’s important to consider additional services that may affect your total immigration costs.

Related immigration services costs

Your immigration journey often extends beyond the initial H-1B filing. Planning for these additional legal costs helps you understand the full scope of your immigration investment.

Beyond the initial H-1B petition

Understanding the full scope of immigration attorney fees helps with long-term planning. Here's what to expect for related legal services:

• H-1B extension attorney fees: $1,500–$3,500
• Adjustment of status lawyer fee: $3,000–$8,000 (green card attorney fees for employment-based categories)
• Green card attorney fees by category: National Interest Waiver ($5,000–$10,000), EB-1 ($5,000–$12,000), EB-3 ($4,000–$8,000)
• I-539 attorney fee: $500–$1,500 (dependent visa applications using Form I-539)
• Immigrant visa and consular processing support: $1,000–$3,000
• RFE response services: Often included in retainer, or a $1,000–$2,500 additional fee

Understanding legal fee structures

Most H-1B work uses flat fee arrangements rather than hourly billing, giving you cost certainty upfront. Is $400 an hour a lot for a lawyer? Immigration attorney hourly rates typically range from $250–$500+, so $400 falls within normal bounds for specialized legal services in immigration law.

Retainer agreements specify what's included versus additional services. Review these carefully so you understand when extra charges might apply and how the total immigration attorney fees break down.

Finding quality immigration services

Selecting the right immigration lawyer significantly impacts your petition's success rate and overall experience. Here's how to evaluate your options and identify when professional representation becomes essential.

Evaluating immigration attorneys

When selecting an immigration lawyer, look for immigration law specialization and state bar membership, clear fee explanations with written engagement letters, demonstrated expertise with the H-1B application process and specialty occupation requirements, and knowledge of Department of Labor compliance requirements.

Red flags include guaranteed approvals (no attorney can promise this), unusually low fees that suggest inexperience, and poor communication during initial consultations. Testimonials and track records with H-1B petitions help distinguish experienced practitioners.

When legal representation matters most

Professional legal advice becomes especially valuable with complex eligibility situations, specialty occupation questions requiring detailed documentation, previous visa denials or RFE history, transitions to permanent residence status, and decisions about premium processing timing and processing time considerations.

How Lighthouse supports your H-1B process

H-1B petitions require coordination between your employer, legal counsel, the Department of Labor, and USCIS. The process involves multiple government agencies with distinct requirements: LCA certification from DOL, Form I-129 adjudication by USCIS, and potential consular processing through the State Department. Documentation must comply with LCA requirements, Form I-129 must be accurate and complete, and timing affects everything from lottery registration to start dates.

Lighthouse combines experienced immigration services professionals with technology designed for complex immigration workflows. We provide comprehensive support throughout the petition lifecycle: eligibility diagnostics to identify the right visa category and strategy, petition preparation guidance ensuring all documentation meets USCIS standards, expert legal review to strengthen petitions and reduce RFE risk, case management technology that tracks deadlines and coordinates filings, and dependent application coordination to keep your family's status aligned with yours.

Our approach streamlines the process for employers while keeping H-1B workers informed at every stage, from initial registration through approval and beyond. Get started with Lighthouse today.

Frequently asked questions

How much does a lawyer charge for an H-1B?

Typical range is $2,000–$5,000 for initial petition preparation. This includes Labor Condition Application, Form I-129, supporting documentation, and communication with USCIS. Premium processing coordination or consular processing support may add $500–$1,000. Immigration attorney fees vary by law firm, geographic market, and case complexity.

Can an employee pay an H-1B attorney fee?

Yes, employees can legally pay attorney fees. Most employers cover these costs as part of their recruitment investment and to maintain control over the visa process. Document any fee arrangement in writing before services begin to clarify who pays the H-1 B attorney fee who pays.

Who is subject to the $100,000 fee at USCIS?

This refers to the $4,000 H-1B and L-1 fee under Public Law 114-113 (not $100,000 per petition). It applies only to employers with 50+ employees where more than 50% hold H-1B or L-1 status. This is a government filing fee paid by the employer, not an attorney charge, and cannot be passed to the H-1B worker.

Who should pay for H-1B fees?

By law, employers must pay all mandatory USCIS filing fees: registration fee, base filing fee, fraud prevention and detection fee, and ACWIA training fee. Attorney fees can be paid by either employer or employee by agreement, though most employers cover legal costs as standard practice.

Why do immigration lawyers charge so much?

Immigration attorney fees reflect specialized expertise in immigration law, extensive documentation requirements, government compliance obligations, and professional liability. Quality legal services reduce denial risk, prevent costly RFEs, and ensure proper petition preparation. The complexity of coordinating between USCIS, the Department of Labor, and potentially the State Department justifies the investment in experienced legal representation.

How much does the adjustment of status cost with a lawyer?

Adjustment of status lawyer fee typically ranges from $3,000–$8,000, depending on case complexity, dependent applications, and whether you're transitioning from H-1B to green card or another pathway to permanent residence. Green card attorney fees vary by category: employment-based green cards cost more than family-based applications.

How much does a US visa lawyer cost?

Immigration attorney fees vary significantly by visa type and case complexity. H-1B petitions typically cost $2,000–$5,000, O-1 visas for extraordinary ability range from $3,000–$7,000, L-1 transfers cost $2,500–$5,000, and green card applications range from $3,000–$12,000, depending on category. Hourly rates for immigration lawyers typically range from $250 to $500++ in major metropolitan markets.

What are the standard H-1B fees?

Standard government H-1B fees total $1,720–$2,470 before attorney costs: $10 registration fee, $460 Form I-129 filing fee, $500 fraud prevention and detection fee, and $750–$1,500 ACWIA training fee depending on employer size. Premium processing adds $2,805. Large H-1B-dependent employers (50+ employees with 50%+ H-1B/L-1 workers) pay an additional $4,000 fee. These USCIS filing fees don't include legal representation costs.

How much did Trump charge for an H-1B visa?

No presidential administration sets H-1B attorney fees. Those are determined by individual law firms based on market rates and case complexity. The $4,000 H-1B and L-1 fee for large H-1B-dependent employers was enacted in 2015 under the Obama administration through Congressional legislation (Public Law 114-113). USCIS filing fees are set through federal rulemaking processes and adjusted periodically regardless of administration, following the Administrative Procedure Act.