I was recently laid off. I found a company willing to sponsor me, but only if I agreed to pay for the H1B process. Is this allowed?
08 Jan 2025Answer
By law, certain H1B filing fees must be paid for by the employer, and cannot be reimbursed by the employee. But, in practice, all fees associated with the preparation and filing of an H1B petition must be covered by the employer. The U.S. Department of Labor generally views all such expenses as business expenses. Any attempt to pass these expenses on to the employee would typically be viewed as a reduction in that worker’s wages – and therefore, a violation of DOL regulations related to wage requirements.
One possible exception may be, in limited circumstances, where the employee pays for premium processing in a situation where premium processing is requested solely for the employee’s benefit (e.g., approval needed quickly to allow travel for personal reasons.) But, even then, this would only apply to the cost of premium processing. (08.Jan.2025)
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