Q: My employer is asking me to pay for H1b filing fee. Is it legal to do so and will it affect my future in U.S.?
I joined employer 'X' in Aug 2022 on H1b (transferred from previous employer). My H1b got maxed out in Dec 2023 and I moved out of country, and my employer also stopped running my payroll since then. My PERM was filed in Apr 2023, which got approved recently and now my employer is asking to me pay for i140 and H1b filing cost (both filing and premium fee) to proceed further (feel like they are making use of my bad situation). My only hope is to get back to U.S. so I can start working again, also my client whom I was working for wants me to come back.
My question, is it legal for employer to ask me to pay for H1b filing cost and by doing so will it affect my future GC applications in U.S. ?
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A:
It is generally not legal for an employer to ask an employee to pay for H-1B filing fees. The U.S. Department of Labor mandates that these fees should be borne by the employer, not the employee. Paying these fees yourself could potentially cause issues with compliance and affect your visa status.
If you pay for the H-1B filing fees, it could be seen as a violation of U.S. immigration regulations, which might impact your future green card applications. This could create complications in proving that your employer is following the rules and treating you fairly.
It's important to communicate with your employer about these concerns. Consider seeking advice from an immigration attorney to explore your options and ensure that you are complying with all legal requirements.
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