Who Pays H-1B Legal and Filing Fees?

At the beginning of the H-1B process, employer often want to know exactly how much the H-1B will cost and who is responsible for paying the fees. In short, the employer is responsible for fees associated with the H-1B process. Although the employee is the beneficiary of the H-1B, the H-1B actually belongs to the employer. Here is a list of the potential fees associated with the H-1B:

  • $325 Filing Fee

  • $500 Fraud prevention and Detection Fee for first time filers

  • $750 or $1500 ACWIA Fee (several exemptions apply)

  • $2000 Applicable if the employer employs 50 or more individuals in the U.S. and 50% of those employees are in H-1B status

  • $1225 Premium Processing Fee if the employer wants faster processing

  • Attorney's Fees

  • Fees associated with filing the Labor Condition Application (LCA)

Who Pay the H-1B Fees and Why? The employer is responsible for paying the fees associated with the H-1B process. Since the employee is the beneficiary of the H-1B, the employee will often offer to contribute to the H-1B cost. However, the Department of Labor (DOL) regulation clearly states that the fees associated with the H-1B process are to be paid by the employer and not the employee beneficiary. In the discussion regarding authorized deductions from an H-1B worker's pay, the DOL regulation specifically mentions the fees associated with the H-1B process twice as fees that are to be paid by the employer: "The deduction may not recoup a business expense of the employer (including attorney fees and other costs connected to the performance of the H-1B program functions which are required to be performed by the employer, e.g., preparation and filing the LCA and H-1B petition." 20 C.F.R. § 655.731(c)(9)(ii) and (c)(9)(iii)(C). Employers should be prepared to pay the costs associated with the H-1B program and, according to the regulation, cannot allow employee beneficiaries to contribute to the fees. To learn more about the H-1B process, consider H-1B Visa Training and check out the following articles: The Seasons are Changing: H-1B Season is in Full Swing Employers Should Collect Documents on the H-1B Checklist NOW to be Read for the April 1, 2014 Filing Date What H-1B Is and Is Not: When is the H-1B Petition the Right Thing to do for the Employer? Written by: Judith Robinson Corporate Immigration Attorney Mdivani Corporate Immigration Law Firm

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© 2019 by Corporate Immigration Compliance Institute, LLC

Corporate Immigration Compliance Institute does not provide legal advice or engage in the practice of law. The information provided during training and included in the training materials is general information on the topics covered; it not intended to be a fully comprehensive analysis of the subjects addressed. If you have questions about specific applicability of laws, rules and regulations to your specific situation, or other questions of a legal nature, those questions should be directed to your legal counsel.

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