Who is Responsible for Paying Employment Visa Fees?

Employment-based work permits and visas are expensive. There’s a good chance they’re going to get more expensive.

It’s natural to wonder who is going to pay for all this.

The answer? It depends on the type of fee you’re talking about.

H-1B and E-3 Visas

The Immigration and Nationality Act requires employers to pay the fees associated with H-1B filing. The same is true for E-3 visas.

15-day premium processing fees are optional and may be paid by either party, depending on who wants expedited processing. The employer must pay the expense if the employer requests premium processing for their benefit. If the employee requests it, the employee must pay.

Employers are not permitted to demand reimbursement for these fees upon termination. In some cases, employers may seek damages from immigrants who terminate their employment before an agreed-upon date. You should read your employment agreement carefully and consult with an immigration lawyer to ensure that you’re protected.

I-140 Petitions

Employers offering an I-140 petition are offering to sponsor an employee for a green card.

Some fees are the employer’s responsibility. Some may be employee’s.

The employer must pay Permanent Employee Certification (PERM) fees.

Either party may pay the I-140 fees. If you need clarification on whether you or your employer are paying these fees, you should refer to your employment agreement or contact your hiring manager. Ideally, you’d know the answer to this question before you accept any employment offer.

It’s wise to get the agreement in writing.

I-485 Petitions

You need more than an I-140 petition to attain permanent residency status. The I-140 only shows you have sponsorship and the right to apply for a green card. It allows you to file for employment authorization at the same time. Your employer is not required to pay your I-765 fees, which cover your request for Employment Authorization. They may offer to do so as an additional benefit to help you work for them.

Upon approval of your I-140, you’ll receive a priority date.

To adjust to LPR status, an immigrant must file an I-485. You should do this as soon as you receive your priority date.

Either you or your employer may be asked to pay these fees. If you are asking your employer to pay these expenses, we recommend getting this stipulation of your employment in writing as well.

Immigration is Complicated

Immigration doesn’t get any simpler just because a United States employer has hired you.

Make sure you have filed all the appropriate forms, know what to expect, and give yourself your best chance at immigration by contacting our law office today.

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