Sponsoring foreign workers: a guide for employers

Who this is for

This hub is for HR teams, founders and hiring managers who want to hire or keep foreign talent. It covers the main temporary work visas, the green card process, what the law says employers must pay, and the compliance duties that come with sponsorship. It is general information, not legal advice; sponsorship decisions should be made with immigration counsel.

Choosing a work visa

Not sure which fits? Try the work visa finder. For permanent hires, see employment green cards and PERM labor certification.

Costs and who must pay

Government fees for an H-1B petition can include the Form I-129 filing fee ($780 for most employers, $460 for small employers and nonprofits), the Asylum Program Fee ($600, or $300 for small employers; nonprofits exempt), the ACWIA training fee ($750 or $1,500 depending on headcount, with some exemptions), the $500 fraud prevention fee for new employment, and optional premium processing ($2,965 as of March 1, 2026). Fees are as of October 2026; check the USCIS fee guide before filing.

• H-1B: The employer must pay the ACWIA and fraud fees and may not pass business costs, including attorney fees, to the worker if doing so drops pay below the required wage.
• PERM: DOL rules require the employer to pay all costs of labor certification, including attorney fees and recruitment. The worker can pay for the I-140 stage and their own I-485.
• Early termination: If an H-1B worker is dismissed before the end of the approved period, the employer must offer reasonable return transportation.

Estimate your total with the sponsorship cost calculator.

The $100,000 H-1B fee: status as of October 2026

Form I-9 and E-Verify basics

Every U.S. employer must complete Form I-9 for every new hire, citizen or not, within three business days of the start date, and keep it for three years after hire or one year after employment ends, whichever is later. Employees choose which acceptable documents to show; asking for specific documents can be discrimination. E-Verify is an online system that checks I-9 data against government records. It is voluntary for most private employers but required for many federal contractors, for STEM OPT employers, and in several states. E-Verify employers in good standing may use a DHS-approved remote document examination procedure.

Site visits and ongoing compliance

• USCIS's Fraud Detection and National Security directorate makes announced and unannounced site visits for H-1B and L-1 petitions. Make sure the receptionist knows who to call and that the worker's actual job, location and pay match the petition.
• H-1B employers must keep a public access file for each Labor Condition Application, pay at least the required wage including during nonproductive time caused by the employer, and file amended petitions for material changes such as a move outside the original area.
• Notify USCIS when an H-1B worker leaves early, and keep payroll and I-9 records ready for audits.
• Since August 2026, USCIS may deny incomplete petitions without first sending a request for evidence, so file complete packages.

What to ask immigration counsel

• Which visa fits this role, and what is the backup if the H-1B selection fails?
• Are we H-1B dependent, and does the $4,000 additional fee or extra attestation apply?
• When should we start PERM so the employee can extend H-1B beyond six years?
• How do recent court rulings on the $100,000 fee affect our planned filings?