Hiring and retaining international talent in 2026 has become a high-stakes financial puzzle. Between the massive $100,000 H-1B surcharge for consular hires and the newly adjusted March 1 premium processing fees, the cost of keeping a foreign professional in the U.S. is rising at an unprecedented rate.
If your employee’s visa is nearing its expiration, or if you’re planning a new hire, this guide breaks down the 2026 fee schedule and validity rules to help you avoid costly filing rejections and status gaps.
2026 Mandatory Filing Fees (The New Baseline)
USCIS made big changes to fees in 2026. First, there was an inflation update in January 2026. Then, more increases came on March 1, 2026, especially for fast (premium) processing. These changes make the total cost much higher for many petitions.
Core Petition Costs
The main form for extending or changing nonimmigrant worker status is Form I-129. The fee depends on the company size:
- Large Employers: $1,385
- Small Employers (fewer than 25 employees) or Non-profits: $695
There is also a new Asylum Program Fee added in 2026 for all I-129 petitions. This fee helps pay for asylum case backlogs:
- Large employers pay $600
- Small employers pay $300
Another new fee is the Visa Integrity Fee of $250. This comes from the One Big Beautiful Bill Act (OBBBA), a big law passed in 2025. It started affecting many immigration rules in late 2025 and into 2026. This fee is paid when the visa is issued. It is normally not refundable, but there might be cases where it gets refunded if the person leaves the USA after their legal stay ends.
Expedited Processing
Many companies want fast decisions. This is called premium processing using Form I-907. It gives a decision in about 15 business days. But the fee went up a lot:
- Starting March 1, 2026, the premium processing fee is $2,965 (up from the old $2,805).
If you send the form after March 1, 2026 with the old lower fee, USCIS will reject it right away. This is a big jump, so plan your budget carefully.
These fee changes make it very important to check the official USCIS website before filing anything in 2026.
Extension & Validity Terms: How Long Can They Stay?
In 2026, rules for how long a worker can stay in the USA are stricter. USCIS and Customs and Border Protection (CBP) watch these closely.
H-1B 6-Year Limit & AC21 Extension
The normal H-1B visa allows a stay of up to 6 years (usually given in 3-year parts). But under the AC21 Act (American Competitiveness in the 21st Century Act), workers can get more time if they have started the green card process:
- If there is an approved I-140 petition (immigrant worker petition), the worker can extend in 1-year or 3-year steps forever, as long as they meet the rules.
- This supports helpers from countries with long green card waits, like India Pakistan or China.
L-1A/L-1B Validity (7/5 Year Caps)
- L-1A (for managers and executives): Maximum stay is 7 years.
- L-1B (for workers with special knowledge): Maximum stay is 5 years.
These are strict limits. After that, the worker must leave or change to another status.
Recapture of Time
If the worker spends full days outside the USA during their visa time, they can add those days back. This is called “reclaiming” time. It helps lengthen the stay without using up the full limit. Keep best records of travel dates to prove this.
Incident to Status (L-2/E-2 Spouses)
A good change in 2026: Spouses of some visa holders (like L-2 for L-1 or E-2 dependents) are now allowed to work just because of their valid status. They do not need a separate work permit (EAD) anymore.
Work Authorization & EAD Validity Rollback
One of the biggest changes in late 2025 and 2026 is about Employment Authorization Documents (EADs). These are work permits for people like asylum seekers, refugees, or those waiting for green cards.
Rollback to 18 Months
USCIS changed the rules. Before, some EADs lasted up to 5 years. Now, in 2026, many are only valid for 18 months (1.5 years). This applies to:
- Refugees
- Asylees
- People with pending green card applications (adjustment of status)
This rollback started around December 2025. It means workers must renew more often. Renewals take time, so file early to avoid gaps where they cannot work.
Form I-765 Renewal Fee ($520 – $560)
Renewing a work permit costs more now, especially if filed on paper. The exact fee depends on the type and how you file.
Form I-539 Dependent Extension ($470)
If family members (dependents) need to extend their stay, they file Form I-539. This fee is often paid along with the main worker’s extension.
These shorter EAD times make planning very important. Employers should remind workers to file renewals up to 180 days early.
Strategic Budgeting & Compliance Tips
In 2026, the biggest cost worry is the $100,000 H-1B Surcharge. This huge fee came from a 2025 presidential proclamation and applies to many new H-1B cases.
- The Surcharge Exemption Good news: This $100,000 fee mostly hits new hires from outside the USA (consular processing). If the worker is already in the USA and you file for a simple extension or change of employer, it is usually exempt. This helps companies keep current international workers without the massive extra cost.
- Watch the I-94, Not the Visa The visa stamp in the passport might show a date far in the future, like 2029. But the real stay limit is on the I-94 Arrival/Departure Record. This can expire earlier if the passport expires soon. The I-94 costs about $24. Always check this to avoid going out of status.
- Strategy Tip for 2026: The “180-Day Rule” File extensions exactly 180 days before the current stay ends. In late 2025, many automatic extensions went away. If you wait too long, there could be a gap in work permission. The worker might have to stop working while waiting for approval. File early to stay safe.
Disclaimer: This article is for informational and educational purposes only. The news and fee information presented here is based on available reports and reliable sources. Readers should cross-check updates from official government outlets like USCIS.gov or the Department of State.