IS THE EMPLOYER REQUIRED TO PAY FOR FILING THE H-1B PETITION?
Yes. Employers cannot require the H-1B nonimmigrant to reimburse or otherwise creatively compensate the employer for any part of the H-1B petition filing fee. Since the filing fee is solely the employer’s burden, the USCIS will reject remittances from an H-1B beneficiary or the beneficiary’s agent that accompanies the H-1B petition. A remittance from an attorney is normally accepted by the USCIS, but the most conservative course of action would be for the employer to write a check payable to the USCIS at the time of filing the petition.
