Can I offer to pay the attorneys fees and filing fees for my H-1B petition?

Federal law requires an H-1B employer to pay the Special Education fee of either $750.00 or $1,500 per petition (depending on employer size) and is silent on other fees. Recently, the Department of Labor litigated whether a foreign national can pay any H-1B filing fees or attorneys fees and DOL argued that all such fees are appropriate business expenses. DOL prevailed in at least one case.

Other H-1B Visa Frequently Asked Questions

The information appearing in these FAQ responses is not legal advice and is provided for general information purposes only. You should seek professional advice from an experienced immigration attorney regarding your specific inquiry and case before changing position.