Sponsorizzazione del visto H-1B per i datori di lavoro: costi, tempistiche e obblighi
H-1B sponsorship in 2026 runs through a fixed annual cycle: employer registration in March, a lottery if demand exceeds the cap, then a full petition, and total government fees alone can range from roughly $2,000 for a small employer to well over $100,000 when the new fee applies to a petition for a beneficiary currently outside the United States. Beyond the filing itself, sponsoring employers take on ongoing wage and public access file obligations for as long as the employee remains in H-1B status.
This guide breaks down the full cost, timeline, and compliance picture for employers. For a comparison with an uncapped alternative, see our guide on L-1 visa vs. H-1B.
Planning to sponsor an H-1B employee this cycle? Atlas Legal helps employers budget accurately and manage the filing and compliance timeline. Fissa un appuntamento con il nostro team.
Punti di forza
- H-1B follows an annual cycle: employer registration each March, lottery selection if oversubscribed, then a full petition for selected registrants.
- Core government fees include the $215 registration fee, a base filing fee, a $750 or $1,500 ACWIA training fee, and a $500 fraud prevention fee.
- As of the 2025-2026 proclamation, new H-1B petitions for beneficiaries currently outside the U.S. carry an additional $100,000 fee, currently still enforced pending appeal.
- Premium processing costs $2,965 as of March 2026 and guarantees a 15-calendar-day USCIS response, though not necessarily approval.
- H-1B status is generally capped at 6 years but can be extended beyond that for employees in certain stages of an employment-based green card process.
- Sponsoring employers must maintain a public access file and comply with prevailing wage and notice requirements for the full duration of employment.
Argomenti trattati in questa guida
- The annual H-1B timeline
- Full cost breakdown for employers
- Ongoing employer obligations
- H-1B portability when changing employers
- Extensions beyond the 6-year limit
- Common employer mistakes
- Domande frequenti
The Annual H-1B Timeline
| Palcoscenico | Typical Timing |
|---|---|
| Electronic registration | March, roughly a 2-week window |
| Lottery selection | Late March |
| Full petition filing | Within 90 days of selection notification |
| Earliest employment start date | October 1 for the new fiscal year |
Full Cost Breakdown for Employers
Government fees include the $215 per-beneficiary registration fee, a base I-129 filing fee of $460 for small employers and nonprofits (higher for larger employers), an ACWIA training fee of $750 for employers with 25 or fewer full-time equivalent employees or $1,500 for larger employers, and a $500 fraud prevention and detection fee. Optional premium processing adds $2,965 as of March 1, 2026. For new petitions covering beneficiaries currently located outside the United States, the 2025-2026 proclamation adds a $100,000 fee, a policy still being enforced while a court appeal is pending. Add attorney fees on top of all government fees when budgeting.
Ongoing Employer Obligations
Once sponsorship begins, the employer must maintain a public access file documenting the certified Labor Condition Application, wage data, and required notices to affected employees, pay at least the required wage for the full duration of employment, and notify USCIS of material changes to the job. These obligations continue for as long as the employee holds H-1B status with that employer, not just at the time of filing.
H-1B Portability When Changing Employers
H-1B employees can generally begin working for a new sponsoring employer once that employer files a non-frivolous H-1B petition on their behalf, without waiting for approval, under H-1B portability rules. This lets employees change jobs more fluidly than many other visa categories, provided the new employer properly files before the employee starts and the employee maintained status without a gap.
Extensions Beyond the 6-Year Limit
H-1B status is generally capped at six years total, but two exceptions allow extensions beyond that limit: one-year extensions for employees with an approved I-140 petition or a pending PERM/I-140 filed at least 365 days earlier who are waiting on green card processing, and three-year extensions for employees with an approved I-140 who are waiting for a visa number to become available due to per-country backlogs.
Common Employer Mistakes
Frequent issues include missing the March registration window, underestimating the total cost when the new $100,000 fee applies, failing to update the Labor Condition Application and public access file after a material job change, and not tracking the 6-year clock closely enough to file extension paperwork before status lapses. Each of these can cause avoidable delays or compliance exposure.
Domande frequenti
Does every H-1B petition require the $100,000 fee?
No. Current guidance limits it to new H-1B petitions for beneficiaries who are located outside the United States at the time of filing, under the 2025-2026 proclamation, which remains in effect pending a government appeal.
Can a cap-exempt employer skip the lottery?
Yes. Certain employers, including institutions of higher education and some nonprofit and government research organizations, are exempt from the annual cap and can file H-1B petitions at any time without going through the March registration and lottery.
How long can premium processing take to get a response?
USCIS commits to responding within 15 calendar days of accepting a premium processing request, either with an approval, a denial, or a Request for Evidence, though a Request for Evidence response itself adds additional time.
What happens if an H-1B employee is laid off?
The employee generally has a 60-day grace period, or until the end of the authorized validity period if shorter, to find a new sponsoring employer, change status, or depart the United States.
Conclusione
H-1B sponsorship is predictable in structure but can be expensive and time-sensitive, especially given the 2025-2026 fee changes and the fixed annual registration cycle. Budget for the full fee picture early and track ongoing compliance obligations for the life of the sponsorship, not just the initial filing.
Atlas Legal Immigration Law helps employers plan H-1B sponsorship from registration through compliance. Reach our team at 1750 E Golf Rd, Ufficio 214, Schaumburg, IL 60173, per telefono a (+1) 872 382 2762, oppure tramite e-mail all'indirizzo info@theatlaslegal.com. Scopri di più sulla sponsorizzazione del visto H-1B. o programma una consulenza.
Revisionato dal team editoriale di Atlas Legal specializzato in diritto dell'immigrazione. Ultimo aggiornamento: 31 agosto 2026.
Fonti
- Servizi per la cittadinanza e l'immigrazione degli Stati Uniti, H-1B Specialty Occupations
- Consiglio americano per l'immigrazione, L'USCIS implementa la tassa H-1B Proclamation $100,000
- U.S. Department of Labor, H-1B Program
Il presente articolo è fornito esclusivamente a scopo informativo generale e non costituisce una consulenza legale. Le leggi in materia di immigrazione, le tariffe governative, le politiche e i tempi di elaborazione delle pratiche possono subire variazioni. La lettura del presente articolo o il contatto con Atlas Legal non determinano di per sé l’instaurazione di un rapporto avvocato-cliente. L’esito di qualsiasi questione in materia di immigrazione dipende dai fatti e dalle circostanze specifiche del singolo caso.
