Can the Employee pay for the preparation of the H-1B visa petition?

It is against the law for your prospective H-1B employer to require you to pay for any of the costs involved in the filing of your H-1B petition. Your employer cannot legally ask you to pay any part of the petition filing fee, any of the attorney fees, or any other expenses involved with filing our H-1B petition. If you have questions about H-1B visas, the attorneys at The Law Firm of Shihab & Associates, Co., LPA have decades of combined experience in this area. Contact us for a consultation.

Employers are required to pay H-1B workers either the actual wage or the prevailing wage, whichever is higher. The prevailing wage is a specific wage rate minimum based upon the locality of your job, your area of occupation, and your experience and qualifications. This is the absolute lowest wage that your employer can legally pay you, which is a number based upon the wages that other people in your local area receive for the same occupation and experience and qualifications. Your employer must also pay you the actual wage as well. The actual wage is the amount that your employer actually pays the rest of the employees in your same occupation with similar experience and qualifications. You must be paid the same fringe benefits as well.

Your employer must provide you with the same working conditions offered to U.S. employees. It is illegal for an employer to make you work more hours, work longer shifts, take fewer vacation days, or otherwise provide you with lower working conditions than are provided to your U.S. coworkers. You must also be given the same seniority-based benefits.

You must be paid for non-productive time caused by your employer or caused by the lack of a license or permit. Your employer cannot force you to pay a penalty for leaving employment early before a date set in your contract. Your employer is required by law to provide you with a copy of the Labor Condition Application (LCA), which contains a determination of the prevailing wage for your occupation, the wage the employer attests you are actually being paid, and the location(s) where you will work. If you report your H-1B employer's failure to comply with the LCA requirements, your employer may not discriminate against you or retaliate in any manner, whether you are a current employee, former employee, or job applicant, in retaliation for reporting your employer to the authorities. It is illegal the employer to intimidate, threaten, blacklist, discharge, or otherwise discriminate against you for disclosing information to or cooperating with an investigation or other proceedings regarding the employer's LCA compliance.

If you have questions about H-1B visas, please contact our immigration attorneys or call The Law Firm of Shihab & Associates, Co., LPA at the nearest office close to you to consult with an attorney.