Can I pay to expedite my H-1B process if my employer does not want to?

The official way to expedite review of an H-1B petition is through the USCIS expedited processing service (known as premium processing), which is optional and requires payment of a fee. A common question is whether the worker can arrange and pay for this service when the employer has no interest in doing so.

The issue is less about money and more about who controls the petition. The H-1B is petitioned by the sponsoring employer, who submits the filing and requests premium processing from USCIS. Without the employer’s initiative, the worker cannot independently request expedited review of a case that is not filed in their name.

In addition, immigration rules establish that certain H-1B costs are, by their nature, the employer’s responsibility and cannot be passed on to the worker. Attempting to work around this informally can be interpreted as an irregularity and harm the case.

• Premium processing is optional and originates with the petitioning employer.
• Certain H-1B costs, by rule, fall on the employer, not the beneficiary.
• Informal arrangements to “work around” this carry legal risk for the case.

Because the exact allocation of fees and costs is specific and subject to change, confirm current rules with USCIS or with an immigration professional before assuming any payment obligation.

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.