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).