Can the employer pass fees on to the employee?

No. In the H-1B process, certain mandatory government fees are, by law, the employer’s responsibility and cannot be passed on to the sponsored professional. This rule exists to prevent the cost of sponsorship from falling on the worker and to uphold labor and immigration standards.

The logic is straightforward: because the employer is the petitioner and the one who benefits from the hire, certain government-regulated fees belong to them. Shifting those fees to the employee may be interpreted as an improper reduction in wages and can jeopardize the compliance of the entire process.

It helps to distinguish two types of costs:

• Mandatory government-regulated fees, which are the employer’s responsibility.
• Other process-related expenses, which in some cases may be negotiated between the parties.

Because the rules about which fees fall on each party can change, the safest approach is to confirm current requirements with the official source (USCIS) or with a qualified specialist before reaching any agreement on costs.

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.