Are Employers Allowed to Make Employees Pay Attorney Fees for LCA Filings?

Key Takeaways

• Effective July 17, 2025, employers must pay all H-1B mandatory fees including attorney and filing fees.
• Employees cannot be required to pay or reimburse any mandatory H-1B petition or LCA costs.
• New rules increase compliance checks and penalties to protect foreign workers under H-1B visa law.

Employers and employees involved in the H-1B visa process should be aware of important changes and reinforced rules regarding who pays for attorney fees and other costs related to Labor Condition Applications (LCAs) and H-1B petitions. As of July 17, 2025, new and existing rules make it clear that employers must cover all mandatory costs associated with sponsoring an H-1B worker. This update explains what has changed, who is affected, what actions are required, and what these changes mean for pending and future applications.

Summary of What Changed

The main update is a strong restatement and tightening of rules about employer responsibilities in the H-1B visa process. The Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) have made it clear that employers cannot require H-1B employees to pay for attorney fees or any other mandatory costs related to filing LCAs or H-1B petitions. This includes all government filing fees and legal fees for preparing and submitting the necessary paperwork. The January 17, 2025, final rule on H-1B visa modernization adds stricter documentation, reporting, and compliance requirements for employers. These changes are designed to protect foreign workers and ensure that employers follow the law.

Who Is Affected by the New and Reinforced Rules

• Employers who sponsor H-1B workers must follow these rules for all new and existing H-1B petitions, including those still pending as of July 17, 2025.
• H-1B employees and applicants are protected by these rules and should not be asked to pay for any mandatory petition-related fees or attorney costs.
• Immigration attorneys and legal service providers must advise clients to comply with these requirements.
• Dependents of H-1B workers (such as H-4 visa holders) are not directly affected by these rules, but their own application fees remain the responsibility of the applicant, not the employer.

Effective Dates

• The rules and clarifications are effective as of July 17, 2025.
• The January 17, 2025, final rule on H-1B modernization introduced these stricter requirements, but enforcement and compliance checks are ongoing and apply to all cases processed after these dates.

Required Actions for Employers and Employees

Employers and employees must take the following steps to comply with the updated rules and avoid penalties:

For Employers:

• Pay all mandatory fees: Employers must pay all required government filing fees for the H-1B process, including those for the Labor Condition Application (LCA) and the Form I-129 petition.
• Cover attorney fees: Employers must pay for all attorney fees related to preparing and filing the H-1B petition and the LCA. These costs cannot be shifted to the employee in any way.
• Do not deduct fees from wages: Employers cannot deduct any of these costs from the employee’s wages or require reimbursement, either directly or indirectly.
• Maintain records: Employers must keep detailed records showing that they paid the required wages and covered all mandatory fees. These records may be requested during audits or investigations.
• Budget accordingly: Employers should plan for these costs as part of their hiring and sponsorship process.

For Employees:

• Know your rights: Employees should not agree to pay for any mandatory petition-related fees or attorney costs. If asked, they should refuse and remind the employer of the legal requirements.
• Optional fees: Employees may choose to pay for optional services, such as premium processing, if they want their petition processed faster for personal reasons. However, if the employer requires premium processing, the employer must pay.
• Report violations: If an employer tries to make an employee pay for mandatory fees, the employee can report this to the Department of Labor’s Wage and Hour Division.
• Seek legal help: Employees can hire their own attorney for personal legal advice, but not for work related to the employer’s H-1B petition.

Implications for Pending Applications

If you have a pending H-1B petition or are in the process of filing one, these rules apply to your case. Employers must ensure they have not asked employees to pay for any mandatory fees or attorney costs. If any payments have already been made by the employee, employers should reimburse those costs immediately to avoid penalties. Employees with pending applications should review their payment records and speak up if they have been asked to pay for costs that are the employer’s responsibility.

Detailed Breakdown of Employer Responsibilities

Employers have several key responsibilities when sponsoring an H-1B worker. These include:

• Paying all required government fees: This includes the basic filing fee for Form I-129 (currently $460 or $780, depending on employer size), the ACWIA training fee ($750 for small employers, $1,500 for larger ones), the anti-fraud fee ($500), and the Public Law 114-113 fee ($4,000 for certain employers with a high number of H-1B or L-1 workers).
• Paying attorney fees: All legal fees for preparing and filing the H-1B petition and the LCA must be paid by the employer.
• Paying the required wage: Employers must pay the higher of the actual wage or the prevailing wage as stated in the LCA for the entire period of H-1B employment.
• Maintaining compliance: Employers must keep records of all payments and employment conditions to show compliance during audits.

Labor Condition Application (LCA) and Form I-129

The Labor Condition Application (LCA) is a key part of the H-1B process. Employers must file the LCA with the Department of Labor and get approval before submitting the H-1B petition. The LCA confirms that the employer will pay the required wage and follow all rules. The employer must also file Form I-129, Petition for a Nonimmigrant Worker, with USCIS. All fees and attorney costs for these steps must be paid by the employer.

• LCA information and forms can be found on the U.S. Department of Labor website.
• Form I-129 and instructions are available on the USCIS website.

Employee Payment Obligations: What Is Allowed

While employers must pay all mandatory fees, employees can pay for certain optional costs if they choose:

• Premium processing fee: If an employee wants their petition processed faster for personal reasons, they can pay the premium processing fee (currently $2,805 in 2025). If the employer requires premium processing, the employer must pay.
• Personal legal advice: Employees can hire their own attorney for personal matters, but not for work related to the employer’s H-1B petition.
• Dependent visa fees: Employees are responsible for fees related to their dependents’ (H-4) visa applications.

Recent Policy Developments and Compliance Enhancements

The January 17, 2025, final rule on H-1B modernization brought several important changes:

• Stricter compliance checks: Employers face more audits and must keep better records to show they paid all required fees and wages.
• Higher penalties: Employers who break the rules can face larger fines, be barred from sponsoring H-1B workers in the future, or face other sanctions.
• Clearer rules: The new rules make it easier for employees to know their rights and for employers to understand their responsibilities.

These changes are meant to protect foreign workers from unfair costs and make sure employers follow the law.

Step-by-Step Overview of Fee Payment Responsibilities

To help both employers and employees understand the process, here is a step-by-step guide to who pays for what in the H-1B process:

1. Employer submits electronic registration for the H-1B lottery and pays the $215 registration fee.
2. If selected, the employer files Form I-129 with USCIS, paying all mandatory fees:
   • Basic filing fee ($460 or $780)
   • ACWIA training fee ($750 or $1,500)
   • Anti-fraud fee ($500)
   • Public Law 114-113 fee ($4,000, if applicable)
3. Employer pays attorney fees for preparing and filing the petition and the LCA.
4. Employee may pay for premium processing ($2,805) if they want faster processing for personal reasons and the employer does not require it.
5. Employer pays the required wage as stated in the LCA and keeps records to show compliance.
6. Employer cannot deduct any of these fees from the employee’s wages or ask for reimbursement.

Expert and Stakeholder Perspectives

Immigration attorneys, legal experts, and government agencies all agree on these points:

• Employers must pay all mandatory fees and attorney costs for H-1B petitions and LCAs.
• Employees should never be asked to pay these costs. If they are, it is a violation of the law.
• The Department of Labor and USCIS enforce these rules strictly, especially under the new modernization rules.
• Employers who break the rules risk serious penalties, including fines and losing the right to sponsor H-1B workers in the future.
• Employees should seek legal help if they are asked to pay for employer-related fees and report violations to the authorities.

As reported by VisaVerge.com, these updates are part of a broader effort to protect foreign workers and ensure fair treatment in the H-1B visa program.

Practical Implications for Employers and Employees

• Employers must plan for all costs related to H-1B sponsorship and cannot pass any of these costs to employees. This includes budgeting for attorney fees, filing fees, and any other required payments.
• Employees should be aware of their rights and refuse to pay for any mandatory petition-related costs. If asked, they should report the employer to the Department of Labor’s Wage and Hour Division.
• Both parties should keep clear records of all payments and agreements to avoid confusion or disputes later.

What to Do If You Face a Violation

If you are an H-1B employee and your employer asks you to pay for attorney fees or other mandatory costs, you have the right to refuse. You can also report the violation to the Department of Labor’s Wage and Hour Division. Employers who realize they have made a mistake should reimburse the employee immediately and update their policies to prevent future violations.

Additional Resources and Official Links

• U.S. Department of Labor Wage and Hour Division: For reporting wage deduction violations and learning more about employer responsibilities. Visit the DOL H-1B program page.
• USCIS H-1B Visa Information: Official guidance on H-1B fees and employer responsibilities is available on the USCIS H-1B page.
• Fact Sheet #62H (DOL): Detailed explanation of prohibited wage deductions for H-1B workers can be found here.
• Form I-129: Access the official form and instructions on the USCIS website.

Conclusion and Next Steps

The rules are clear: Employers must pay all mandatory fees and attorney costs for H-1B petitions and Labor Condition Applications. Employees cannot be asked to pay these costs or have them deducted from their wages. The 2025 updates reinforce these rules with stricter compliance checks and higher penalties for violations. Both employers and employees should review their practices, keep good records, and seek help if they have questions or concerns.

If you are an employer, make sure your policies and budgets reflect these requirements. If you are an employee, know your rights and do not agree to pay for costs that are the employer’s responsibility. For more information, visit the U.S. Department of Labor’s H-1B program page for official guidance and resources.

By following these rules, everyone involved helps protect the integrity of the H-1B visa program and ensures fair treatment for foreign workers in the United States 🇺🇸.

Learn Today

Labor Condition Application (LCA) → A form employers file to certify wage and working condition compliance for H-1B workers.
Form I-129 → The USCIS petition form filed by employers for nonimmigrant workers like H-1B visa applicants.
ACWIA fee → A fee employers pay under the American Competitiveness and Workforce Improvement Act to support job training.
Anti-fraud fee → A $500 fee to prevent visa fraud, paid by employers for H-1B petition filings.
Premium processing → An optional expedited service allowing faster USCIS petition adjudication for an additional fee.

This Article in a Nutshell

Employers must cover all H-1B fees, including attorney costs, by July 17, 2025. Employees cannot pay mandatory expenses. These rules protect workers and enforce strict compliance with significant penalties for violations, ensuring fairness in the H-1B visa process for employers and foreign employees alike.
— By VisaVerge.com