Law Offices of Jingting Li, PLLC
Who shall pay fees related to H1-B petition?
There are two categories of the fees. First, legal fee is considered by Department of Labor to be business expenses and shall be paid by the employer. Nevertheless, only those portions of the legal fee attributable to preparation and submission of the LCA and USCIS are considered to be business expenses. Other portions, such as those provided to the foreign worker as part of the legal fees, are not. If the foreign worker pays the fee and is not reimbursed, the DOL considers these to have come out of the foreign worker's normal wages and must be calculated into the required wage.
Second, the government fee is $325 for base filing fee, $500 for Fraud prevention, $750/1500 for ACWIA, and $1225 for premium processing. The first three must be paid by the employer. The last one can be paid by the employee.