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
- Can I offer to pay the attorneys fees and filing fees for my H-1B petition?
- Can my spouse also gain H status if I do?
- Can my spouse work in H-4 status?
- How do I file an H-1B petition?
- How does USCIS determine which H-1B petitions to accept if there are many more H-1B petitions filed than H-1B visa numbers available?
- How long can I remain in H-1B status?
- I am a student with a STEM undergraduate degree. Should I apply for OPT and then STEM OPT, or seek a change to H-1B status after I graduate?
- I have H-1B visa status and I want to change employers. Must I wait for my new employer to obtain a new approved H-1B petition before I can start working for the new H-1B employer?
- I heard that an H-1B visa is a Speciality Occupation visa. What is a Specialty Occupation?
- My H-1B employer petition will indicate that my employer intends to place me at various other job sites. Does that complicate my case?
- My prospective H-1B employer in Texas wants to file for me. When must he or she do so?
- Will my H-1B visa be valid for the same period as the approved H-1B petition?
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.