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Annual Caps for H-1B for Fiscal Years: 85,000 visas
- 65,000 visas
- 20,000 visas for the master’s cap*
The master’s cap – individuals with advanced degrees from U.S. institutions.
Topics
Who Pays H-1B Visa Fees? Employer vs Employee Costs
Which H-1B costs should stay with the employer, when worker payment can be a problem, and how to review a proposed reimbursement.
“Who pays for the H-1B?” is really a bundle of questions. A case may involve government petition fees, attorney work, premium processing, visa-stamp fees, and travel. The answer depends on what the charge covers, why it was incurred, and whether it is being deducted from the worker’s pay.
Quick answer: There is no single rule for every charge on an H-1B bill. First identify what each item pays for, then consider why it was incurred and how the employer wants to collect it. The table below separates the main cost categories.
Who usually pays each cost?
| Cost | How to think about it |
|---|---|
| ACWIA training fee and fraud-prevention fee | The employer cannot require the worker to pay or reimburse these fees, directly or indirectly. A worker’s agreement does not make the charge permissible |
| H-1B petition filing fee | DOL says the employer may not require the worker to pay any part of the petition filing fee. Keep this separate from personal visa-stamp fees paid for a consular appointment |
| LCA preparation and petition attorney work | These are generally costs of the employer’s required H-1B process. Employer business expenses cannot be shifted through a deduction that takes pay below the required wage, and a voluntary deduction cannot be used to recoup the employer’s business expense. See our H-1B sponsorship guide for the broader filing process |
| Premium processing | It is not automatically the worker’s bill just because it is optional. DOL’s Fact Sheet 62H treats premium processing connected to the I-129 petition as an employer business expense for wage-deduction purposes |
| Visa-stamp application and personal travel | These are distinct from the employer’s H-1B petition costs. Who pays can depend on what the trip is for; travel on the employer’s business is different from personal travel to obtain a visa stamp. See our H-1B travel and re-entry guide for visa-stamp and travel details |
The DOL H-1B worker rights page summarizes prohibited charges. For the detailed deduction tests, see DOL Fact Sheet 62H and the current H-1B wage regulation, 20 C.F.R. § 655.731.
DOL still publishes Fact Sheet 62H, but it was last revised in August 2009. Use it alongside the current regulation, and check the regulation for current requirements.
How to Read an H-1B Cost Request
Ask for an itemized invoice instead of accepting a single line called “visa expenses.”
1. Separate the charges into three buckets:
| Petition and LCA Costs | Personal Consular Costs | Optional Processing |
|---|---|---|
| Government petition fees, LCA preparation, and immigration attorney work for the employer’s filing. | A visa-stamp application or personal travel to an interview. These are not the same as the employer’s petition filing costs. | For example, premium processing. Ask who requested it, what filing it relates to, and how the employer plans to account for the expense. |
2. Then check how payment is being collected:
Paying upfront, through payroll deductions, under a repayment clause, or through a salary offset can each raise different questions. The label on the charge - and the worker’s signature - does not settle whether it is allowed.
Example: If an employer asks a worker to repay immigration attorney fees for preparing the LCA and H-1B petition after the worker resigns, treat that as a request to recover employer filing costs, not as a personal visa expense. Ask for the contractual and legal basis in writing before paying, and have an immigration attorney or DOL review the specific facts.
Watch for Indirect Charges
The same concern can appear in several forms:
- A payroll deduction labeled “immigration reimbursement”
- A request to pay the company’s lawyer directly for petition work
- A third party paying the fee and then asking the worker to repay it
- A signing agreement that makes the worker repay prohibited costs after resignation
- A lower salary offered to offset employer filing expenses
Under the current regulation, a voluntary deduction must be in a genuinely voluntary written authorization, primarily benefit the worker, not recoup the employer’s business expenses, and meet other limits.
Merely accepting a job with a repayment clause is not the same as voluntary authorization. A clause called “liquidated damages” is judged under applicable state law and its actual terms; the label alone does not make a repayment lawful. See 20 C.F.R. § 655.731(c)(9)–(10).
What to Ask Before Paying
- Request an itemized list showing each fee, amount, recipient, and reason for the charge.
- Ask the employer to explain in writing why any amount is assigned to you and how it will be collected.
- Compare any payroll deduction with the required wage on the certified LCA and your pay records.
- Keep the LCA, offer letter, agreement, invoice, messages, and pay stubs. If the employer seeks repayment of a petition cost or a deduction looks improper, get advice from an immigration attorney or the DOL Wage and Hour Division.
Common Questions About H-1B Fees
Can I offer to pay the training or fraud fee to speed up a filing? No. Those fees cannot be shifted to the worker, even if the worker offers to pay.
Can I be asked to pay for premium processing? Do not assume so just because the service is optional. DOL identifies premium processing tied to the H-1B petition as an employer business expense for deduction purposes. The exact payment arrangement matters; ask the employer to explain it in writing and have counsel review it.
Are visa-stamp fees the same as H-1B petition fees? No. A visa stamp is requested from the Department of State for travel and admission; the H-1B petition is filed with USCIS by the employer. Keep those charges separate when reviewing a bill.
Do fee amounts stay the same each year? No. USCIS fees and payment rules can change. Check the current USCIS filing-fee page before a petition is filed. This article focuses on who may bear a cost, not on quoting amounts that can go out of date.
Disclaimer: This article is general information, not legal advice. The exact fee, payer, wage level, and purpose of the expense determine the answer; obtain advice from a qualified immigration attorney or the Department of Labor for a specific dispute.