Can my employer require me to pay petition fees?

The O-1 requires that an employer or agent in the United States file the petition on your behalf. Because the petitioner initiates and manages the process, petition costs are generally tied to that role.

The underlying logic is that the employer sponsors your services to perform the intended functions, not the beneficiary of the petition. Passing those expenses on to you is not always consistent with best practices or U.S. immigration rules, which aim to protect both the worker and the integrity of the process.

Because responsibilities vary depending on the type of fee and the rules in effect, avoid drawing quick conclusions about who should pay what before verifying the information.

If you encounter any charge that seems improper, it is worth reviewing the updated rules on the USCIS website or seeking guidance from a qualified professional before assuming any 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.