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. ?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
