Employers and employees alike often inquire as to who may pay immigration sponsorship fees for certain nonimmigrant petitions and the permanent residency (green card) process. The answer often depends on a few details, including the specific immigration process, who is requesting the fee, the visa type, and the specific expense.
H-1B Sponsorship
Federal law generally prohibits an employer from requiring that an employeeay for or reimburse the employer’s expenses for U.S. Citizenship and Immigration Services’ (USCIS) filing fees or attorneys’ fees associated with the preparation or filing of an H-1B petition.
Premium processing fees may be paid by the H-1B beneficiary (employee) or the H-1B employer, depending on the circumstances and if certain conditions are met. The employee may cover the fees for premium processing if premium processing is requested by the employee for his or her personal benefit rather than as a business necessity. Fees associated with filings for dependents may be covered by the employee.
H-1B1 and E-3 Sponsorship
Similar to H-1B sponsorship, federal regulations require that H-1B1 and E-3 petitioning employers cover costs associated with legal fees and government filing fees, with the exception of visa application fees. Fees associated with filings for dependents may be covered by the employee
TN Sponsorship
The TN petitioning employer is not required to pay for legal fees or government filing...
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