Can the employer require me to pay USCIS fees?

It is important to understand that the rules for the H-1B visa in the United States include specific requirements regarding responsibility for paying certain fees, especially those that are mandatory by the government.

In general, immigration law and guidelines published by USCIS and the Department of Labor establish that essential fees for the H-1B petition, such as the base fee, the worker training fees (ACWIA), and the fraud prevention fee, must be paid by the employer, not the job candidate. This means that, in most cases, an employer cannot require you to bear the costs of these mandatory fees.

The rationale behind this rule is to prevent the costs of the visa application process from being passed on to the worker, which could, in fact, constitute a violation of labor and immigration laws. It is essential that both the employer and the employee strictly adhere to these provisions to ensure that the recruitment and hiring process is ethical and legal.

However, it is worth noting that there are situations in which other expenses-such as attorney fees or additional services provided by third parties-may be discussed and agreed upon between the parties, but these should not be confused with the mandatory costs set by the government.

Whenever there are doubts about what may or may not be required, it is recommended to seek guidance from reliable sources or companies specialized in immigration, so that you avoid falling victim to scams or miracle promises that have no legal basis. Staying well informed and following immigration laws is the first step toward a smooth process.

If something seems out of the ordinary, it is crucial to seek clarification before proceeding to ensure that all steps of the process comply with current United States legislation.

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.