Who Has To Pay The Attorney Fee For An H1B Application

[agamenon]

I apply for a job in US and request for H1B visa.
I did an interview by phone and receive by email an Non-Complete agreement letter and an authorization letter that I had to fill, singn and send back by fax or email.
In the letter I authorize to the employer to file my H1B petition and I to agree to pay attorney fee for the petition for $3250.
The employer send me the bank information to transfer the money.

It is legal?.
Who’s guarantee to me that I will receive the H1B visa?.
Thanks for your advice.

[aaron]

As is explained here,

The Department of Labor (DOL) takes the position that it is the employer's responsibility to pay for the preparation and filing of an H-1B visa petition - it considers this to be a business expense of the employer; indeed the DOL's regulations state: "Where the employer depresses the employee's wages below the required wage by imposing on the employee any of the employer's business expenses, [including attorney's fees for preparation and filing of the H-1B visa petition], the Department will consider the amount to be an unauthorized deduction from wages, even if the matter is not shown in the employer's payroll records as a deduction."

[agamenon]

-- What guarantee to me obtain the h1b for 2008-2009, that depends on that?, First come?, type of company?, priority?.

-- Im not sure to pay this money first to see what happen later.
-- The fact they request money to me put my mind to fly, it is a real company, may be they cheat me?

Your answer are very helpfull. Thanks.

[Mr. Knowitall]

We have no way of knowing if you qualify for any visa.

If they are charging you their attorney fee, I have some question about their legitimacy - not so much as a company, but as a fair-dealing H1B employer.

[agamenon]

Today I talked with a friend at Cisco Systems, he told me that he has several co-workers that get the job in the similar way, the had to pay the fees and attorney.
It’s a company like Tata or infosys , this company has many projects for many clients and they submit many h1b petitions.

I read in the uscis.gov about the premium service for employers.
My question is if an employer use this premium service what is the pro versus no use it?.

Thanks

[susanpai]

H-1B Fees for April 1, 2009 Filings

Scholarship and Training Fee: $750 for H-1B employers with 25 or less full time employees; $1,500 for more than 25 full time employees. Some non-profit and other organizations do not have to pay this fee. Otherwise, the employer must pay this fee and can not seek reimbursement from the H-1B beneficiary under any circumstances. The Law Office of Susan Pai strongly disagrees with the interpretation that the regulations allow for a non-employer third party to pay this fee. Clients of the Law Office of Susan Pai are advised a violation of this rule may render both the employee and employer in violation of the law with probable negative ramifications for future immigrant applications. With a three to five-fold increase in USCIS enforcement efforts, every applicant and beneficiary should proceed under the assumption their case will be audited.

Fraud Detection Fee: $500. There are no exemptions from this fee but the employer may seek reimbursement from the beneficiary for this fee. However, if this is the case, the prevailing wage must be met taking into consideration a reduction based on this reimbursement.

Premium Processing Fee: $1,000. This is an optional fee to fast track your case. Sometimes this is preferable but not always. The employer may seek reimbursement from the beneficiary for this fee. However, if this is the case, the prevailing wage must be met taking into consideration a reduction based on this reimbursement.

I-129 Application Fee: $320. There are no exemptions from this fee but the employer may seek reimbursement from the beneficiary for this fee. However, if this is the case, the prevailing wage must be met, taking into consideration a reduction based on this reimbursement.

Attorneys Fees and Costs: Generally, attorneys charge between $1,000 to $2,000 to process an H-1B application. Costs include those listed above, additional fees for dependants, copying and courier fees.

A Note about Attorney Preparation of the H-1B Application

Generally speaking, reputable attorneys charge between $1000 and $2000 as a fee for completing the H-1B visa application and follow-up. You can fill out the paperwork yourself or hire a non-attorney but I don't recommend it and not just because I'm an attorney . So many changes occur in the law and at the service centers that it is difficult even for attorneys to keep up with the information. I personally spend at least three to four hours a day reading about any changes or trends that might affect my clients and engaging in discussions with colleagues all over the U.S. about the same. Much of the material I read and use is available only through professional portals like Westlaw and AilaLink. And, of course attorneys attend numerous continuing legal education courses. Finally, attorney members of AILA have "AILA attorney access" to the USCIS both to obtain relevant information and in the event that a mistake has been made in the processing of the application. I can't tell you how many times I've been hired after an individual has filed his or her own H-1B application only to have it disappear somewhere at USCIS with no answer or explanation. Other times, I have been called in to address Requests for Further Evidence (RFE's) because of mistakes that were made in the H-1B. Finally, with the H-1B applications vastly outnumbering the available H-1B slots, it is absolutely imperative that the H-1B be filled out perfectly. With the H-1B Lottery in place, an incorrectly filled out and then rejected H-1B application will not have even a chance to be considered in the lottery (because by the time you get the rejected application back, the Lottery will have already occurred). My advice is to get the most value for your money and the way to do that is to hire an attorney who will personally prepare (or at least supervise) the H-1B application, who is a member of AILA, and who has a successful track record of filing applications. A final note, if you eventually intend to pursue citizenship, know that everything you do with any visa will be scrutinized and considered so an attorney should examine an H-1B visa application to ensure there also is no negative effect somewhere down the line. -Susan Pai, Attorney at Law.

***DISCLAIMER: The information provided here and on www.StrongVisa.com is of a general nature and should not be construed as specific answers to particular circumstances. None of the information presented here is to be interpreted as legal advice nor presumed indefinitely up to date.