Can the employer pass the fees on to the employee?

It is important to understand that the H-1B visa program has specific rules established by United States immigration laws, and one of them concerns the responsibility for payment of certain fees during the petitioning process.

In the case of the H-1B visa, some mandatory fees – such as the fraud prevention fee and the training and education fee – must be paid entirely by the employer. The legislation aims to prevent these costs from being passed on to the employee, as this could cause financial harm to the worker and violate the principles of labor and immigration law.

In other words, even if there are other expenses that may be negotiated between the parties, the mandatory fees regulated by the government must not be transferred to the employee. Therefore, it is essential that both employers and visa applicants strictly follow the current regulations.

If there are doubts about how to proceed, it is advisable to seek guidance from professionals specialized in immigration or consult official sources. This caution helps to avoid legal complications, scams, and marketing campaigns that promise miraculous results but may generate risks and damages to your immigration process.

Remembering to comply with immigration laws and rely on qualified advice is always the best practice for a transparent and safe process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.