Can an employer include a legal fee reimbursement clause?

Generally speaking, no for costs that are, by rule, the employer’s responsibility. In the H-1B process, certain petition expenses are considered the company’s obligation and cannot be passed on to the worker, precisely to avoid burdening the foreign professional who depends on the visa.

For this reason, clauses that attempt to require the beneficiary to reimburse those amounts are typically viewed as incompatible with labor and immigration rules. The determination of which costs are mandatory employer expenses falls to the Department of Labor (DOL) and USCIS.

There are, however, legitimate contractual arrangements in which some reimbursement may be agreed upon, for example in cases of early departure, provided it does not fall on the employer’s mandatory costs and remains within the law. The line between what is permitted and what is abusive is a delicate one.

Before signing, it is worth reading the clause carefully and confirming the limits with official sources (DOL and USCIS) or a qualified professional, so as to avoid provisions that could be seen as a violation of the applicable rules.

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.