H-1B Quota Registration, Weighted Selection, and Employer Costs

H-1B plan enrollment fees, petition fees, employer wage obligations, and policy changes must be handled separately. In 2026, old draw explanations and fee tables of previous years are not sufficient. This guidance is based on regulations reviewed on 20 September 2026; The current instruction and court effect should be re-checked on the application day. ¹²

Enrollment selection is not the same as H-1B approval

Registration in the quota process is used to transition to the appropriate petition submission stage. Being selected does not mean acceptance of the specialized nature of the job or all of the candidate's conditions. The subsequent I-129 file should be prepared with real business and consistent information. ¹

The registration window and petition submission period must be verified from the official announcement of the relevant fiscal year. It is not right to automatically use old dates for the new period or to show an ended registration period as still open. Files exempt from quota are evaluated separately. ¹

How does weighted selection work?

In the current arrangement, the unique applicant is weighted into the selection pool according to the relevant OEWS level of the offered remuneration. Level IV corresponds to four entries, III to three, II to two, and I to one. This is not a guarantee of definitive confirmation or a mathematically fixed multiple probability when the wage level rises. ¹

In case of multiple entries, the relevant minimum level may be taken into account. If there is more than one workplace or task structure, appropriate minimum level rules are examined. The occupation code, location and wage basis used in registration should be kept; Consistency with subsequent petition must be maintained. ¹

Current basic wage items

In the regulation under review, the H-1B registration fee is $215. Paper I-129 base fee is $780 for general employers; for eligible small employers and nonprofits it is $460. Asylum Program Fee is generally $600, $300 for eligible small employer, and zero for eligible nonprofit. Application channel and definitions should also be checked. ²

The ACWIA fee may be $750 or $1,500, depending on coverage and employer conditions, or an appropriate exemption may be available. A $500 fraud prevention fee may apply to certain new or change-employer applications, and additional fees may apply at some larger employers with special employee allocations. These items do not automatically add up to the same total across all files. ²¹

Premium processing and sample budget

The premium fee for eligible H-1B I-129 is $2,965 and provides 15 business days of processing obligation. This does not mean that the selection is guaranteed or that the consular visa will be issued in the same period of time. ²

For clarification purposes only, if the $780 base fee, $600 Asylum Program Fee, $1,500 ACWIA, and $500 fraud prevention fee apply to a certain new application from an employer subject to general charges, the total of these items at the I-129 stage is $3,380. This example excludes registration, premium, attorney, consular and other additional fees that may apply. It should also be verified that the case complies with these assumptions. ²

$103,265 text: Separate recommendation from rule in force

DHS's Aug. 25, 2026 text proposes an additional fee of $103,265 for H-1B petitions under certain quotas. The document is a proposed rule; This should not be added to the total budget as the final effective wage at the date of work. The comment period and possible subsequent final regulation should be pursued separately. ³

Writing "new fee" in a news headline does not indicate that the legal obligation to pay has begun. The scope of the proposal, whether the final text has been issued, its effective date and court decisions are checked separately. This distinction is especially important in a high application budget.

Previous $100,000 policy and lawsuit

A footnote to the official August 25, 2026 proposal describes the June 8, 2026 rescission of the previous $100,000 policy and the government's appeal. The announcement of the Massachusetts Attorney General's Office also confirms the first instance decision. However, these sources alone do not confirm all appeal interim decisions on September 20, 2026. ³⁴

For this reason, this guide does not give a result such as "it is definitely paid in every file" or "it is no longer paid in any file". Current USCIS practice, court impact, and scope of the case should be checked at the actual application date. The $103,265 proposal and the previous policy are not the same legal action. ³

Which expenses cannot be transferred to the employee by the employer?

There are specific limitations regarding ACWIA and fee obligations. In addition, transferring some expenses of the employer to the employee cannot cause the wage to be paid to fall below the required amount. A private contract does not override these rules. The legal nature of each item and the person responsible for payment must be determined separately. ⁵¹

Healthy budget for the employer; It separates the registration, mandatory petition fees, optional premium, legal service and ongoing salary obligation. Current policy items should also be divided into “in force”, “recommendation” and “judicial control required”. Thus, the legal situation and the financial forecast are not confused.