Can Your Employer Make You Pay for H-1B Costs?

What Employers Must Pay (Non-Negotiable)

Under Department of Labor regulations and the Immigration and Nationality Act, certain H-1B costs must be paid by the employer and cannot be passed to the worker under any circumstances:

• Base filing fee ($460): The I-129 petition filing fee paid to USCIS.
• ACWIA training fee ($750 or $1,500): The American Competitiveness and Workforce Improvement Act fee. $750 for employers with 25 or fewer full-time employees; $1,500 for larger employers.
• Fraud prevention and detection fee ($500): Required for initial H-1B petitions and first extensions with a new employer.
• Attorney fees for the employer's petition: Legal costs incurred to prepare and file the H-1B petition on the employer's behalf.

These fees are considered the "employer's business expense" of hiring an H-1B worker. Requiring the worker to pay them — directly or through reimbursement — violates DOL regulations.

What Can Be Shared or Paid by the Employee

Some H-1B-related costs can legally be paid by the employee:

• Premium processing fee ($2,805): If premium processing is requested for the employee's benefit (e.g., faster processing for personal reasons), the employee can pay this fee. However, if the employer needs premium processing for business reasons, the employer should pay.
• Personal immigration attorney fees: If you hire your own attorney to advise you (separate from the employer's immigration counsel), that's your expense.
• Dependent visa fees: Filing fees for H-4 dependent visas for your spouse and children are generally the employee's responsibility.

The Repayment Clause Problem

Many employers — especially consulting companies and staffing firms — include clauses in employment contracts requiring workers to repay H-1B costs if they leave before a specified period (often 1-3 years). Here's the legal reality:

• Clauses requiring repayment of employer-obligated fees are illegal. The DOL has consistently held that employers cannot recover the ACWIA fee, base filing fee, fraud fee, or petition attorney fees from the worker, regardless of what the contract says.
• Penalties for early termination linked to H-1B costs are suspect. DOL considers these as indirect ways of shifting H-1B costs to workers, which is prohibited.
• Signing such a contract doesn't make it enforceable. Even if you signed an agreement, illegal contract provisions are void and unenforceable as a matter of public policy.

What to Do If Your Employer Demands Payment

• Know your rights: You are not legally obligated to pay employer-mandated H-1B fees regardless of what you signed.
• Document everything: Keep copies of your employment contract, pay stubs, and any communications about H-1B costs.
• File a complaint: You can file a complaint with the DOL Wage and Hour Division if your employer deducts H-1B fees from your pay or demands reimbursement. This is protected activity.
• Consult an attorney: An employment or immigration attorney can review your specific contract and advise on your options.

The Total Cost of H-1B Sponsorship

For context, the total employer cost for an H-1B petition typically ranges from $3,000 to $8,000+, depending on company size and whether premium processing is used. For most employers hiring skilled professionals, this is a reasonable business expense — comparable to recruiter fees or signing bonuses. Wisa's cost breakdown tool can help you understand exactly what each fee covers.