Who Can Pay for the H-1B Visa Petition Filing Fees?
Filing an H-1B visa petition involves several fees, and U.S. immigration laws strictly regulate who is responsible for paying them. In most cases, the employer must cover these costs and cannot pass them on to the employee. This article explains which fees must be paid by the employer, whether employees can cover any costs, and what deductions are illegal under U.S. Department of Labor (DOL) regulations.
Employer’s Responsibility for H-1B Filing Fees
Mandatory Fees That Employers Must Pay
The employer (H-1B sponsor) is required to pay the following fees:
- Basic Filing Fee – Required for all H-1B petitions.
- ACWIA Fee – Used to fund U.S. worker training programs.
- Fraud Prevention and Detection Fee – Applied to new petitions and transfers.
- Public Law 114-113 Fee – Applies to large employers with 50+ workers if more than half are on H-1B or L-1 visas.
These fees are considered business expenses and cannot be deducted from the H-1B worker’s wages.
What Fees Can an Employee Pay?
Under specific circumstances, an employee may pay for the following:
- Premium Processing Fee – If an employee chooses to expedite the petition for personal reasons, they may cover this optional cost ($2,805 as of 2024). However, if the employer requires premium processing, they must pay for it.
- Attorney Fees – An employee can hire their own attorney for personal legal advice, but they cannot pay legal fees related to the employer’s petition.
Illegal Wage Deductions for H-1B Employees
According to Fact Sheet #62H (Revised August 2009) from the DOL, employers cannot deduct certain costs from an H-1B worker’s wages, either directly or through payroll deductions. These prohibited deductions include:
1. H-1B Petition-Related Fees
- USCIS Processing Fees (Form I-129 filing fee)
- ACWIA Training Fee
- $500 Fraud Prevention and Detection Fee
- Attorney Fees related to the H-1B petition
- Premium Processing Fee, if required by the employer
2. Business-Related Expenses
- Tools and equipment required for the job
- Travel expenses while on employer’s business
3. Early Termination Penalties
- Employers cannot charge an H-1B worker a penalty (as defined by state law) for leaving the job before the full employment period ends.
When Are Deductions Allowed?
Deductions can only be made if they meet one of these conditions:
- Required by law (e.g., income taxes, Social Security).
- Reasonable and customary (e.g., health insurance, union dues).
- Voluntarily authorized by the employee for personal benefits like travel reimbursement or housing costs.
Any voluntary deduction must:
- Be in writing and authorized by the employee.
- Be for the employee’s benefit.
- Not exceed the fair market value of the item or service.
- Follow limits set by the Consumer Credit Protection Act (WH Fact Sheet #30).
What If an Employer Violates These Rules?
If an employer requires an H-1B worker to pay prohibited fees, they may face penalties, fines, or even petition denials. Employees experiencing unlawful deductions should seek legal guidance from an immigration attorney or contact the Department of Labor.
Conclusion
Employers must cover all required H-1B filing fees and cannot pass these costs to employees. While employees can pay for optional services like premium processing (if for personal reasons), any deduction from their wages must comply with strict legal guidelines.
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Citations
What are the rules concerning deductions from an H-1B worker’s pay?
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