Does the EB-1B always require the employer to pay the fees?

In practice that tends to be the case, even though it is not an absolute rule across every point. The EB-1B (for outstanding professors and researchers) depends on employer sponsorship in the United States: the employer is the one who files the petition with USCIS and takes on the role of petitioner. It is therefore natural that the employer covers the costs of the process.

There is room for both parties to discuss how to share certain costs, but the structure of this category places financial responsibility on the employer’s side, since the employer is the one sustaining the petition. Some charges, by the logic of sponsorship, tend to fall on the employer.

• The employer is the EB-1B petitioner and drives the process.
• The procedural fees tend to fall on the sponsoring employer.
• The allocation of other costs can be negotiated, within what the rules allow.

Because the rules on who may pay what change over time, confirm the current requirements with the official source (USCIS) or a specialist before finalizing any cost arrangement.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.