Can my employer require reimbursement of fees if I leave the company?

As a general rule, no, when it comes to fees that the law assigns to the employer. In the H-1B, certain mandatory petition fees are the responsibility of the sponsoring company and cannot be passed on to the employee, even if the employee leaves voluntarily. The logic behind this rule is to protect the visa beneficiary from bearing costs that, by definition, belong to the sponsoring party.

This means that a contract clause attempting to recover those mandatory fees tends to be invalid, as it conflicts with the very rule that assigns them to the employer. Passing on to the worker what the law requires the company to pay is generally considered improper.

There is an important distinction, however: contracts may provide for reimbursement of other costs not related to mandatory petition fees, such as relocation or training expenses, if the person leaves before a certain period. Those agreements are a separate matter and must comply with applicable law. Since this topic involves both immigration rules and contract law, read your contract carefully and, when in doubt, confirm what applies to your situation through the official source, USCIS, and with a qualified professional.

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.