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  1. #1
    Join Date
    Feb 2007
    Posts
    2

    Default Employer's Obligation For Visa Filing and Attorney Fees

    What are the rules regarding the employer paying for the filing and attorney fees?

    We have 2 employees who were here on visas prior to hiring on with our company.

    One of them was here as a student and the other was here on a work visa.

    We received an invoice in the mail by the attorneys handling each case and are being told that we HAVE to pay for the filing, attorney and other fees.

    To my knowledge, there was never any agreement between our company and the employees in question agreeing to this.

    Is this correct?

    Thanks in advance for any help you can provide.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Question from an employer

    From what you say, your company hired a lawyer and filed immigration applications, and thus incurred those costs on behalf of the company.

  3. #3
    Join Date
    Feb 2007
    Posts
    2

    Default Re: Question from an employer

    The employees had hired their own attorneys and brought us the bills. The fees also included fees for the spouses.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Question from an employer

    The last time I sponsored a visa for an employee was about 7 years ago and was before 9-11; a lot of things have changed since then. So this may not be accurate any longer.

    But my recollection is that the burden of the cost was borne by us as the employer and we were limited in what we could require the employee to pay.

    A brief consultation with an immigration attorney might not be a bad idea.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Question from an employer

    The $1,000 H1B application fee must be paid by the employer. If the USCIS finds out that the employee paid this fee it can impose a fine and order restitution. Some employers, typically institutions of higher education, affiliated with charities or non-profit organizations, or government research organizations, can seek a waiver of the fee, but it can't be shifted to the employee.

    Any fees paid by the employee act to reduce the wage paid by the employer, and that amount may not be reduced below the amount stated on the LCA (Labor Condition Application).

  6. #6
    Join Date
    Apr 2007
    Posts
    1

    Default Re: Question from an employer

    Thanks for this info. actually I am aware of a similar case where the employee was made to pay the said fee by the employer, and I think the employer took the advantage of the lack of knowledge of the employee in this aspect. Now that I have come to know this I will make it sure that the authorities concerned are notified of this and appropriate step then be taken by them against the said employer.

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