More Information

The following is cited from:

http://www.immig-chicago.com/Pages/H-1B/H1B_who_pays_fees
 

In the past, the common view was that the H-1B employee could pay attorney and filing fees if he or she was paid well above the prevailing wage. However, the regulation states that employers may not deduct filing expenses from the worker’s pay if it will reduce his or her compensation below the required wage.

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USCIS is now applying the DOL rule very strictly in its adjudications. As a result, the H-1B employer be sure to pay all fees associated with the preparation and filing of H-1B petitions. Several administrative and judicial decisions have recently affirmed this interpretation.