• Matt Hughes

Who Pays What H-1B Fees?

Updated: May 7

People often want to know whether the employer or the employee has to pay certain fees related to an H-1B application. Here's a simple breakdown of what fees are required for an H-1B application and who has to pay.

* The meaning of "for the benefit of the employee" is narrower than you might think. If you're considering having the employee pay this fee, you should seek legal advice.

It's also important to note that attorney's fees cannot be paid by the employee unless they are attorney's fees related to filings for dependents of the H-1B employee (for example, a spouse of the employee).

Any of the fees that the employer must pay cannot be recouped later from the employee through other agreements. A willful violation of these rules could result in civil penalties for the employer and disqualification from the ability to petition for work visas.

You should be very careful with contract clauses that require liquidated damages from an H-1B employee. While they can be permissible, they can only cover specific types of reasonable damages to the employer and cannot be punitive or designed to prevent the H-1B employee from seeking other employment. I generally recommend not using them.

This post is not legal advice. Everyone's situation is different, so please get in touch to discuss your unique circumstances.

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