We had an employer call regarding an E-3 they were filing for an employee and the employee was going to be reimbursing them for the filing and attorney fees. Anytime the foreign employee is paying the fees involved in the process, this may be a red flag. In the case of an E-3 visa, this was exactly the case.
Can the Potential Employee Pay the Government Filing Fees?
A Department of Labor Fact Sheet clearly states that the employer must NOT allow the E-3 employee to pay the government’s petition filing fee or the fraud prevent and detection fee.
Can the Potential Employee Pay or Reimburse the Attorney Fees Associated with the E-3?
No, the H-1B regulation regarding payment of attorney’s fees applies to E-3s, as well as H-1Bs. The H-1B regulation defines the term H-1B to include E-3s and the regulations (with a few specific exclusions) apply to both types of visas.
Employers need to be careful that they are knowledgeable about the entire E-3 visa process, including who is allowed to pay the fees. Employers should consult with an experienced immigration attorney who is knowledgeable about all aspects of E visas.
Also check out this article: Missouri Healthcare Company Let Foreign Employees Pay H-1B Fees and Ends up Paying Big to the Government
For more information on who pays the H-1B legal and filing fees, check out this article.
Corporate Immigration Attorney
MDIVANI CORPORATE IMMIGRATION LAW FIRM
7007 College Blvd., Ste. 460 | Overland Park, KS 66211