Full 2026 H-1B fee breakdown including the Asylum Program Fee, ACWIA, fraud prevention, and the $100K consular surcharge.
The Asylum Program Fee on Form I-129 is one of the most misunderstood components of the 2026 H-1B fee stack. Small firms under 25 employees pay only $300 — half the standard rate. This guide breaks down every fee and who pays what.
Bottom Line: Asylum Program Fee is $600 standard or $300 for employers under 25 employees.
Key Stat: Total employer H-1B fee stack ranges from $105,845 to $110,345 in 2026.
Action: Verify your employer's fee eligibility and filing history on Wisa.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| Base I-129 fee | $780 | Unchanged |
| ACWIA training fee | $750 (26+) or $325 (under 25) | Unchanged |
| Fraud prevention fee | $500 | Unchanged |
| Asylum Program fee | $600 standard / $300 small firm | Unchanged |
| Public Law 114-113 (50/50 firms) | $4,000 | Unchanged |
| Consular notification fee | $100,000 | New 2025 |
| Premium processing (optional) | $2,805 | Unchanged |
Wisa DOL analysis shows that of 45,348 H-1B sponsoring companies, approximately 8,200 qualify as small firms under 25 employees and benefit from both the ACWIA $325 rate AND the Asylum Program $300 rate — saving $725 per petition. This bifurcated fee structure is the single largest small-business incentive in the current H-1B code.
Pro Tip: If your employer has exactly 25 employees, verify which fee bracket they claimed. Misclassification is the most common audit trigger for small-firm H-1B filings — and the beneficiary inherits the risk during consular processing.
The Asylum Program Fee was added in 2024 to fund USCIS asylum processing backlogs. Combined with the 2025 $100K consular fee, the total cost for a large employer filing a consular H-1B case reaches $105,845 — or $110,345 if Public Law 114-113 applies (50%+ H-1B/L-1 workforce). F-1 OPT change-of-status cases remain exempt from the $100K fee, making COS the preferred path for candidates already in the US.
Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →Employers with 25 or fewer full-time equivalent employees at the time of filing. The count includes all US-based employees across all company locations. Part-time workers count proportionally toward the 25-employee threshold.
Yes. The $4,000 Public Law 114-113 fee triggers at 50 employees with at least 50% on H-1B or L-1 status. This is separate from the Asylum Program Fee and applies in addition to the base fee stack.
No. Like all USCIS filing fees, the Asylum Program Fee is non-refundable regardless of petition outcome. Even rejections for improper filing or wrong form edition do not trigger refunds — only partial refunds for duplicate payments.
No. DOL and USCIS require the petitioning employer to pay all H-1B filing fees. Any arrangement where the beneficiary reimburses the employer violates the labor condition application and risks both debarment and petition revocation.