Who Pays The Filing Fees for a Work Visa: Employer or Employee?
A lot of people looking to secure U.S. work visas like the H-1B wonder who pays the fees: the employer or the prospective employee? Generally speaking, the employer must pay for the attorney fees and government filing fees associated with the H-1B petition and Labor Condition Application. This includes the fee associated with submitting Form I-129 ($325); the Fraud Prevention & Detection Fee ($500); and the ACWIA fee ($750 or $1,500 if over 25 employees). Premium processing is available for H-1B petitions at an additional filing fee of $1,225. Whether the employer or the employee pays this fee is debatable. However, a safe argument can be made that the employee/beneficiary can be responsible for this fee since it is optional. The employer is also responsible for paying for the reasonable cost of return transportation if the employee is terminated prior to the end of the H-1B status unless he/she voluntarily resigned.
What costs can the beneficiary/employee pay in association with an H-1B petition? In addition to the premium processing fee, the beneficiary can also pay for costs associated with translations, academic evaluations, and visa issuance fees at the U.S. consulate. The beneficiary/employee may also pay for the legal and filing fees associated with any dependent visas for spouses and children (i.e., H-4 visa).