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Chris Musillo on Nurse and Allied Health Immigration

H-1B SERIES PART ONE: WHO CAN PAY H-1B FILING FEES AND PROFESSIONAL FEES ?

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by Chris Musillo

H-1B SERIES PART ONE: WHO CAN PAY H-1B FILING FEES AND PROFESSIONAL FEES ?

The H-1B regulations prohibit an employer from receiving, or the employee from paying, the filing fee for the visa. 20 C.F.R. §655.731(c)(10)(ii). H-1B employers must also pay certain other “business expenses” that are connected to the H-1B program.

In Dedios, the court found that the H-1B employee’s payment of legal fees, USCIS filing fees, and educational evaluation fees were all “business expenses” connected to the H-1B program. Therefore when the H-1B employer required the H-1B employee to make these payments, the H-1B employer violated law.

In limited circumstances H-1B employees can pay for some costs that may be related to an H-1B employee’s employment. These circumstances are found at 20 CFR 655.731(c)(9)(iii).


Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.

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