The $100K Asylum Program Fee must be paid on pay.gov BEFORE filing Form I-129. Payment confirmation must be the first page of your filing packet. Here is exactly how to do it.
If your employer is subject to the $100K Asylum Program Fee and your FY2027 H-1B petition is being filed via consular processing, the fee must be paid through pay.gov before the I-129 is submitted to USCIS. Petitions received without proof of payment will be rejected. This is a hard rejection -- not an RFE. With the April 1 filing window opening in 4 days, employers must complete this payment immediately after lottery selection.
Quick Answer: The $100K Asylum Program Fee applies ONLY to employers with 50+ employees where 50%+ are H-1B/L-1 workers, and ONLY for petitions filed as consular processing (NOT change of status from within the US). Payment is made at pay.gov under form "USCIS Asylum Program Fee." You need the beneficiary's name, passport number, and petition details. Print the payment confirmation and include it as the FIRST page of the I-129 filing packet. F-1 students filing change of status are EXEMPT.
| Company | H-1B Filings | $100K Fee Status |
|---|---|---|
| Infosys | 32,840 | Likely subject -- high H-1B/L-1 ratio |
| Tata Consultancy | 28,950 | Likely subject -- high H-1B/L-1 ratio |
| Cognizant | 26,700 | Likely subject -- high H-1B/L-1 ratio |
| Amazon | 55,150 | NOT subject -- below 50% H-1B/L-1 workforce |
| 33,416 | NOT subject -- below 50% H-1B/L-1 workforce | |
| Microsoft | 34,626 | NOT subject -- below 50% H-1B/L-1 workforce |
| Deloitte | 18,200 | Borderline -- depends on office composition |
| JPMorgan | 12,400 | NOT subject -- below 50% H-1B/L-1 workforce |
Step 1: Go to pay.gov and create an account or log in. Use the employer's corporate account, not a personal account. Search for form name "USCIS Asylum Program Fee" or navigate directly via the USCIS-provided link in the selection notification.
Step 2: Enter the beneficiary information exactly as it appears on the I-129 petition: full legal name, date of birth, passport number, country of citizenship, and the USCIS receipt number (if available -- for initial petitions, leave blank and use the employer's FEIN instead). Enter the petition type as "H-1B" and processing type as "Consular Processing."
Step 3: Pay the $100,000 fee via ACH bank transfer or credit/debit card. ACH is recommended for this amount as credit card fees add 2-3% ($2,000-$3,000). Payment confirmation generates immediately for ACH if during banking hours.
Step 4: Print the payment confirmation receipt. This receipt MUST be included as the FIRST page of the I-129 filing packet. USCIS intake staff check for this confirmation before processing the petition. No confirmation = automatic rejection.
Common Errors: (1) Misspelling beneficiary name -- must match I-129 exactly. (2) Using wrong passport number. (3) Filing as change of status but paying the fee anyway (wastes $100K -- COS is exempt). (4) Not printing confirmation before filing. (5) Paying from personal account instead of employer corporate account.
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Search H-1B Sponsors on Wisa →The $100K fee applies to employers with 50 or more full-time employees in the US where 50% or more of those employees hold H-1B or L-1 status. Your employer should know their own workforce composition. You can also check the company's H-1B filing volume on Wisa relative to their total employee count. If unsure, ask the immigration attorney preparing your petition -- they are required to make this determination as part of filing.
No. F-1 students filing H-1B change of status from within the US are EXEMPT from the $100K Asylum Program Fee. This exemption applies regardless of whether your employer would otherwise be subject to the fee. This is one of the strongest reasons for F-1 students to file change of status rather than consular processing.
USCIS policy states the Asylum Program Fee is non-refundable once paid, regardless of the petition outcome. If your petition is denied, the $100K is not returned. This creates enormous financial risk for employers and is one reason some covered employers are reducing their H-1B sponsorship or shifting to change-of-status filings for US-based beneficiaries.
Unfortunately, beneficiaries cannot pay the fee themselves -- it must come from the employer. If your employer drops your petition because of the fee, your selection is forfeit. Options include: (1) negotiate -- some employers split the cost informally through salary adjustments, though this is legally gray, (2) find a different employer willing to sponsor and file a new petition using a new registration, or (3) file change of status if you are in the US on a valid status -- COS is exempt from the fee entirely.