J-1 Topic: Who Pays the H-1B Employment Visa Fees?

J1 Teachers raise this question frequently. The School Administration or the HR Department does a summary review of the sponsorship visa fees, and then they "condition job offers" to the J1 Teacher to pay their own fees in a few different ways.
This article will target the following questions:
- Can the H-1B Employee pay the H-1B Fees for the Employer?
- Can the H-1B Employer have the Employee sign a promissory note?
- Can the H-1B Employer have the Employee take out a loan for their own fees?
- Can the H-1B Employer have the Employee drop the cashier checks for the Immigration Fees to the Employer?
- Can the H-1B Employer have the Employee pay the Immigration Attorney?
- Can the H-1B Employer have the Employee agree to a lower pay to compensate/reimburse the Employer for the H-1B Fees?
The answer to each and every question is: NO.
The U.S. Department of Labor regulations require that employers pay all expenses necessary for H-1B applications. The fees cannot be recouped from employees.
The Regulations can be seen here:


What should you do if you are experiencing this issue?
Illegal activity is Illegal. A crime is a crime. A school administration is a part of the state or federal government, and such activities will not be tolerated. It is recommended to provide the above DOL regulation. If you are in need of an immigration attorney, you can schedule a consultation with our office.
More information about the J1 Waiver can be seen on our website. If you are in need of J1 Waiver Assistance, please feel free to contact our office for a Consultation.
Note:
If the Employer is not adhering to legal requirements, they would lose the ability to sponsor temporarily or permanently. Sponsorship can be prohibited at any time, before an H-1B is given and even AFTER or years after the H-1B Visa is granted.
Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.












