Form I-129 Filing Fees: H-1B, L-1, O-1, TN and E-3 Costs Under the 10/26/26 Fee Schedule

The I-129 fee is never one number. Here is the base fee for your visa type, every add-on your employer may owe, and the $100,000 line that is not being collected.

Part of our guide to the O-1 visa.

Short answer, as of November 1, 2026: Form I-129 filing fees depend on the classification. Under USCIS fee schedule G-1055 (edition 10/26/26), the base fee is $780 on paper or $730 online for H-1B and H-1B1, $1,385 or $1,335 for L, $1,055 or $1,005 for O, and $1,015 or $965 for E, TN, H-3, P and Q. Small employers and nonprofits pay a reduced base fee. Add-ons then stack on top: an Asylum Program Fee of $600, $300 or $0, a $500 fraud fee on new H-1B and L petitions, and a $750 or $1,500 ACWIA fee on most H-1B and H-1B1 petitions. Your employer, the petitioner, pays them.

Status line, as of 2026-11-01:

• In effect: G-1055 edition 10/26/26, posted 2026-10-28 (I-129 amounts unchanged). The 9-11 fee of $4,000 (H-1B) or $4,500 (L-1) for covered employers, on petitions including extensions postmarked 2026-09-09 through 2027-09-30. Card or ACH payment only, since 2025-10-28.
• Scheduled: from 2026-11-09, USCIS accepts only the 09/09/26 edition of Form I-129 (the 02/27/26 edition only if sent before that date). The old mailing addresses, changed 2026-10-07, are accepted only for mail postmarked on or before 2026-11-09.
• Blocked: the $100,000 H-1B payment. G-1055 still prints the line; it is not being collected.
• Proposed: a $103,265 fee for certain cap-subject H-1B petitions (RIN 1615-AD20). Comments closed 2026-09-24; no final rule has been published, and none was at OIRA on 2026-11-01.

I-129 filing fees by classification (as of November 2026)

The I-129 base fee is set by classification and employer type. A regular employer pays $780 on paper or $730 online for H-1B, $1,385 or $1,335 for L, $1,055 or $1,005 for O, and $1,015 or $965 for E, TN, H-3, P and Q. A small employer or nonprofit pays $460, $695, $530 or $510, whichever way it files.

Table 1. I-129 base filing fee by classification, as of 2026-11 (source: USCIS Form G-1055, edition 10/26/26)

"Small employer" and "nonprofit" are legal terms. Under 8 CFR 106.1(f), a small employer is "a firm or individual that has 25 or fewer full-time equivalent employees in the United States, including any affiliates and subsidiaries," so a 20-person US subsidiary of a large group does not qualify. A nonprofit means a not-for-profit school, college or university, a 501(c)(3) organization or a governmental research organization. G-1055 also caps an O-1 petition at one beneficiary and O-2, H-3, P and Q petitions at 25.

TN and E-3 readers: the I-129 fee applies only when an employer files with USCIS. Per the USCIS TN page, a Canadian can instead establish TN eligibility at a port of entry or pre-clearance station, and a Mexican citizen applies for a TN visa at a US embassy or consulate in Mexico; those routes carry CBP or State Department charges, not this fee. Inside the US, the employer files the I-129 to extend TN status, or to change you into or extend E-3 status (USCIS E-3 page).

The add-on fees that stack on top of the base fee

Most "I-129 cost" confusion comes from the add-ons, which vary by classification, employer size and petition type.

Table 2. I-129 add-on fees, as of 2026-11 (G-1055 edition 10/26/26; 8 CFR 106.2)

What is the Asylum Program Fee and who pays it?

It is a separate fee every I-129 petitioner pays on top of the base fee: $600 for a regular employer, $300 for a small employer and $0 for a nonprofit. Under 8 CFR 106.2(c)(13), it "must be paid by any petitioner filing a Petition for a Nonimmigrant Worker, Form I-129," and the online discount "does not apply to this fee." It also applies to Form I-140, so a sponsoring employer meets it again at the green card stage.

When do the fraud and ACWIA fees apply?

The fraud fee applies to H-1B and L petitions, ACWIA to H-1B and H-1B1, and neither to every filing. The $500 fraud fee is due when an H-1B petition seeks initial H-1B status (an F-1 to H-1B change of status counts) or a change of employer; H-1B1 petitions are exempt. L petitions owe it on the same triggers, plus a blanket L worker moving to a different entity. ACWIA is due on initial H-1B and H-1B1 petitions, the first extension and changes of employer, and the employer works out the amount in Section 2 of the H-1B Data Collection and Filing Fee Exemption Supplement.

Does the 9-11 fee apply to my extension?

Only if your employer is a "covered employer": 50 or more employees in the US, with more than 50 percent of them in H-1B, L-1A or L-1B status, counting part-time as well as full-time staff. For those employers G-1055 lists $4,000 on H-1B and $4,500 on L-1 petitions. Since 2026-09-09 the fee reaches extensions too, on petitions postmarked through 2027-09-30; only an amended petition that does not seek an extension escapes it. Policy Alert PA-2026-16 (2026-10-27) confirmed this for L-1 extensions and points to G-1055 for the amount. G-1055 says the fee "may not be waived and is not refundable, regardless of any action taken on the petition." Our explainer on the $4,000 9-11 fee on H-1B extensions covers the covered-employer test in depth.

Does the $100,000 H-1B fee apply to my petition?

Not today. As of 2026-11-01 the payment is blocked: courts vacated the agency policies that implemented it, while Proclamation 11069 stays in effect on paper until 2027-09-21. The USCIS I-129 page, updated 2026-10-30, says a court "vacated agency guidance implementing the $100,000 payment requirement" and adds: "If this order is later lifted, DHS still plans to collect the payment."

Three facts keep this in proportion:

• The G-1055 line is not evidence of collection. The PDF schedule still prints "$100,000, unless an exception has been granted by the Secretary of Homeland Security" with pay.gov instructions. Read it alongside the vacatur alert on the G-1055 web page and the I-129 page.
• It is H-1B only. Proclamation 11069 covers INA 101(a)(15)(H)(i)(b) and never names H-1B1, E-3, O-1, L-1 or TN. Our guide to visas outside the $100,000 proclamation walks through each.
• Approved inside-the-US filings were never covered. USCIS guidance dated 2026-09-21 says change-of-status, amendment and extension requests granted inside the US were outside it, while a denied change of status or a consular-notification petition would be inside it if collection resumed.

Do not confuse it with the separate $103,265 cap-subject fee, which is only a proposal (Federal Register, 2026-08-25) with no final rule as of 2026-11-01.

Worked examples: what the total I-129 cost looks like

These totals are our arithmetic from G-1055 edition 10/26/26 for petitions filed in November 2026. Premium processing is excluded, and so is the $100,000 line, which is not being collected. "Not covered" means the employer fails the 9-11 covered-employer test.

Table 3. Example I-129 totals by scenario, as of 2026-11

Two quick readings. The covered-employer extension falls to $5,380 on the employer's second or later extension for the same worker, because ACWIA drops away. Add $2,965 to any row for premium processing.

A dated filing scenario. Suppose your employer mails a paper H-1B extension on the 02/27/26 edition. Postmarked 2026-11-06, the edition is still accepted, because USCIS takes it only if sent before 2026-11-09. Postmarked 2026-11-10, USCIS will not accept that edition, and a petition sent to a pre-October-7 address after 11-09 has the same problem, whatever fees it carries. Our page on where to file the I-129 by classification lists the current locations.

Is the I-129 fee lower online than on paper?

Usually by $50, and only on the base fee for a regular petitioner: $730 online versus $780 on paper for an H-1B. The small-employer and nonprofit base fees are identical either way, the Asylum Program Fee has no online discount, and the fraud, ACWIA and 9-11 fees do not change.

The discount helps only if your classification can be filed online, and two USCIS pages updated 2026-10-07 list different categories:

• Forms Available to File Online lists PDF upload for E (all categories), H-1B including H-1B1, H-3, L including blanket L, O, P, Q, R-1 and TN petitions, plus fill-out-online filing for non-cap H-1B petitions and for cap petitions whose registrations were selected.
• Additional I-129 PDF-upload categories, which announces the options added that day, names E-3, L-1, O, P, Q-1, H-3 and cap-exempt H-2B, and does not mention TN, E-1, E-2 or H-1B1.

Your employer or its attorney should confirm the classification on the live main page before paying the online price. A paper filing at the online price is short, and short fees are rejected.

How your employer pays the I-129 fees, step by step

You will not file this yourself, but knowing the sequence helps you spot a wrong number before it causes a rejection.

1. Download the 09/09/26 edition of Form I-129 from the USCIS I-129 page; from 2026-11-09 it is the only edition accepted.
2. Classify the petitioner as regular, small employer or nonprofit under 8 CFR 106.1(f); the instructions suggest IRS Form 941 or 943, or an IRS determination letter, as evidence.
3. Complete Section 2 of the H-1B Data Collection and Filing Fee Exemption Supplement (H-1B and H-1B1) to settle ACWIA.
4. Test covered-employer status for the 9-11 fee on H-1B or L-1 petitions.
5. Price every line from the G-1055 fee schedule PDF, in the filing-method column.
6. Pay by card with Form G-1450 or by ACH with Form G-1650; checks need a Form G-1651 exemption.
7. Add Form I-907 and $2,965 if premium processing is wanted.
8. Mail to the address on the USCIS filing-locations update; old addresses work only if postmarked on or before 2026-11-09.

G-1055 is blunt about errors: "If the fee is incorrect, the application, petition, or request will be rejected."

Can my employer make me pay the I-129 fee?

For an H-1B, federal rules put the core petition costs on the employer. The Form I-129 instructions (edition 09/09/26) state: "Please note that the ACWIA fee may not be assessed to the beneficiary." Under 8 CFR 214.2(h)(19)(ii), USCIS accepts the ACWIA fee "only from the United States employer or its representative of record."

The Department of Labor's H-1B wage rule goes further. 20 CFR 655.731(c)(10)(ii), which still describes this ACWIA fee by its older dollar amounts, says the H-1B worker "may not pay" any part of it, "whether directly or indirectly, voluntarily or involuntarily." For other petition costs the rule works through your wage. Section 655.731(c)(9) refuses to treat as an authorized deduction anything that recoups the employer's business expenses, naming "attorney fees and other costs connected to the performance of H-1B program functions," such as preparing and filing the LCA and the H-1B petition. Section 655.731(c)(12) adds that pushing those costs onto you so that your pay falls below the required wage counts as an unauthorized deduction, even if it never shows up on a payslip.

Premium processing is the narrow gray area; our guide on why an employer charging you H-1B fees is a red flag explains where the line sits. These DOL rules are written for H-1B. For L, O and TN, whether any cost can be shifted to you is a question for an immigration attorney who represents you, not the employer's counsel. If the demand is tied to your OPT, STEM OPT or cap-gap dates, bring your DSO in too. For registration and green card costs, see our complete H-1B fee breakdown.

Is the I-129 premium processing fee worth it?

Premium processing (Form I-907) has cost $2,965 for most I-129 classifications since 2026-03-01 and buys USCIS action within 15 business days for most of them. It buys speed, not a better outcome. Per the USCIS premium processing page, "action" can be an approval, a denial, a notice of intent to deny or a request for evidence; an RFE or NOID resets the clock, which starts again when USCIS receives the response. If USCIS misses the window, it refunds the premium processing fee.

For scale, the USCIS processing-times tool, read 2026-11-01, showed 80 percent of cases completed within 10 months for an H-1B change of status, 11.5 months for an H-1B extension, 6.5 months for L, 14.5 for O and 4.5 for TN. Those figures move, so check the live tool. A USCIS rule titled "Amending the Premium Processing Timeframe" (RIN 1615-AD25) has been under OIRA review since 2026-10-13. No text is public, so its direction is unknown, and the current timeframes stay in place unless a final rule changes them. Our H-1B premium processing guide covers when the fee earns its keep.

What changed in the last year

Table 4. I-129 fee and filing rules, old vs current, as of 2026-11

Common mistakes

• Reading the $100,000 line on G-1055 as proof it is collected. The G-1055 and I-129 web pages both note the vacatur. As of 2026-11-01 it is not being collected.
• Mixing paper and online prices. A paper petition carrying the $730 online H-1B fee is $50 short, and an incorrect fee is a rejection. USCIS's two online-filing pages also list TN, E-1, E-2 and H-1B1 differently, so confirm online eligibility before paying the lower figure.
• Claiming the small-employer rate without counting affiliates. The 25-employee test includes affiliates and subsidiaries in the US.
• Assuming every classification pays every add-on. E-3, O-1 and TN pay no fraud or ACWIA fee. H-1B1 pays ACWIA but not the fraud or 9-11 fee.
• Agreeing to reimburse ACWIA or petition costs. For H-1B, you may not pay any part of ACWIA, and other petition costs shifted onto you count against your required wage. Talk to an attorney who represents you before you sign anything.

Frequently asked questions

How much is the I-129 filing fee?

As of November 1, 2026, the base fee under G-1055 (edition 10/26/26) is $780 on paper or $730 online for H-1B and H-1B1, $1,385 or $1,335 for L, $1,055 or $1,005 for O, and $1,015 or $965 for E, TN, H-3, P and Q. Small employers and nonprofits pay $460, $695, $530 or $510. The Asylum Program Fee comes on top, plus the $500 fraud fee on new H-1B and L petitions and the $750 or $1,500 ACWIA fee on most H-1B and H-1B1 petitions.

What is the Asylum Program Fee and who pays it?

It is a separate fee every I-129 petitioner pays on top of the base fee, under 8 CFR 106.2(c)(13): $600 for a regular employer, $300 for a small employer with 25 or fewer full-time equivalent US employees (affiliates and subsidiaries included), and $0 for a qualifying nonprofit. The online discount does not reduce it.

Does the $100,000 H-1B fee apply to my petition?

As of November 1, 2026, it is not being collected. Courts blocked the implementing agency policies, though Proclamation 11069 stays in effect on paper until September 21, 2027 and G-1055 still prints the line. It covers only H-1B, never H-1B1, E-3, O-1, L-1 or TN, and USCIS says DHS still plans to collect it if the court order is lifted.

Can my employer make me pay the I-129 fee?

For an H-1B, federal rules put the core petition costs on the employer. The I-129 instructions say the ACWIA fee may not be assessed to the beneficiary, and 20 CFR 655.731 says the worker may not pay any part of it. The same rule treats the cost of preparing and filing the LCA and petition as the employer's business expense, so shifting it onto you counts against the wage you must be paid. Premium processing is a narrow, fact-specific question, and L, O and TN arrangements need review by an immigration attorney who represents you.

Is the I-129 fee lower online than on paper?

Usually by $50, and only on a regular petitioner's base fee, such as $730 online versus $780 on paper for an H-1B. Small-employer and nonprofit base fees match, the Asylum Program Fee has no online discount, and add-ons do not change. The discount applies only if the classification can be filed online. The USCIS Forms Available to File Online page lists TN, E and H-1B1 for PDF upload, but the October 7, 2026 notice of added PDF-upload categories does not name them, so confirm on the live page first.

Sources

• USCIS Form G-1055, Fee Schedule (landing page) and G-1055 PDF, edition 10/26/26
• USCIS Form I-129 page and Form I-129 instructions, edition 09/09/26
• 8 CFR part 106, USCIS fee schedule (eCFR)
• 20 CFR 655.731, LCA wage requirements (eCFR)
• USCIS Policy Alert PA-2026-16 (2026-10-27)
• USCIS, How do I request premium processing?
• USCIS Forms Available to File Online, additional I-129 PDF-upload categories and filing-locations update
• USCIS TN USMCA professionals page and USCIS E-3 page
• Proclamation 11069, Federal Register (2026-09-23) and proposed $103,265 fee (2026-08-25)
• OIRA review record, RIN 1615-AD25 and USCIS processing-times tool

How we checked this: every amount was read from the G-1055 PDF (edition 10/26/26), the I-129 instructions (edition 09/09/26), eCFR 8 CFR part 106, 8 CFR 214.2(h)(19) and 20 CFR 655.731, PA-2026-16 and the USCIS pages above, on 2026-11-01. Online-filing availability was compared across both USCIS online-filing pages. Totals in Table 3 are our arithmetic.

This is general information, not legal or tax advice. Your own receipt and approval notices govern over anything published here. Take fee questions to an immigration attorney (your employer's, or your own if the employer is asking you to pay), and anything tied to F-1, OPT or cap-gap to your DSO.

If you are on OPT or STEM OPT and want a search aimed at employers that actually file petitions like these, F1Jobs works with international candidates on exactly that.