H-1B Cap

2026 H-1B Cap Legal Fees and Filing Fees

These fees are subject to change prior to the H-1B cap season and are expected to be adjusted if new rules or policy changes are implemented by the current administration.

Legal and Filing Fees

Stage 1: REGISTRATION

Sumner Immigration Legal Fee

Third-Party USCIS Fee

Initial case analysis under the weighted H-1B selection system, including enhanced eligibility review, wage-level and classification evaluation, data verification, and preparation and submission of the USCIS online H-1B cap registration.

$1500/ registrant

$215

Stage 2: FILING (if selected)

Sumner Immigration Legal Fee

Third-Party USCIS Fee

Filing the H-1B petition, if the case is selected in the H-1B lottery

$3100 for H-1B petition

See USCIS Filing Fees below

$75 Administrative fee

N/A

$625 for H-4 change of status for family members, if needed

$470 (for entire family

USCIS Filing Fees (Due for Stage 2, if petition selected in lottery)
Please note that the below fees are the fees for filing the petition should an applicant be selected in the lottery. If an applicant is not selected in the lottery, Stage 2 fees will not apply.

USCIS Fee Description

USCIS Filing Fee Amount

If a company has 25 or fewer full-time employees:

If a company has more than 25 full-time employees:

Base filing fee:

$460

$780

Employer fee (ACWIA fee)*

$750

$1500

Asylum Program Fee

$300

$600

Fraud fee

$500

Public law fee

$4000**

**This fee only applies if all three qualifications are met:
1 – Employers have more than 50 US employees; and
2 - More than 50% of those US employees are on H-1B or L status; and
3. It is the first filing (does not apply to extensions and amendments)

Premium processing fee

$2805 (Optional)

*waived for non-profits

Additional fees that may apply:

Credentials Evaluation

$100+ (more in specialized cases)

Legal fee for Withdrawal of Case

$325

Rush filing fee—if we have to file your case within 30 days of being retained

$750

Legal fee for Premium Processing Upgrade (if done after filing; if you choose to file in Premium Processing at the time of the initial filing, the upgrade fee does not apply)

$325

Redrafting forms (in case of form expirations, new address before filing, etc.) or data entry of questionnaires (in the event client chooses to submit electronic questionnaires via ink and paper)

$300

Extensive Delay of Case Policy - In order for us to efficiently process cases, we expect clients to complete questionnaire(s) and provide all documents needed for filing, including but not limited to, signed forms, fees, and supporting documents, within 60 days from the date they receive their questionnaire(s). If, after 60 days, any or all of the aforementioned items have not been received and your case is not moving forward due to client delay, inaction, and/or non-responsiveness, an administrative case maintenance fee of $250/mo will be assessed on a monthly basis.

$250/mo

Criminal Issues - If any criminal issues arise while we’re representing your case, you will be billed at the attorney’s hourly rate for reviewing the issue(s), answering questions, and advising on immigration consequences, as criminal issues are typically a separate matter. You may need to find separate criminal counsel, depending on the charges, and the attorney can let you know of referrals if necessary.

Hourly, see rates below



Request for Evidence (If received)

This fee only applies if the petition is selected in the H-1B cap lottery and USCIS issues a request for additional evidence (RFE). If an applicant is not selected in the lottery or we do not receive an RFE, these fees will not apply.

Attorney hourly rates will apply for issues such as Request for Evidence, Audit, Criminal Issues, etc.

Sumner Immigration’s Hourly Rates

Services are billed hourly, with a minimum charge of $450

Managing Attorney

$500/hour

Attorney

$450/hour

Paralegal

$200/hour