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).
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