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A Cautionary Tale for H-1B Employers

Maria del Carmen Ramos

Maria del Carmen Ramos

Quite often employers ask, “If it doesn’t work out, can we recover all the money we have spent on the H-1B process from the employee?” The short is answer to this repeatedly asked question is no. Department of Labor (DOL) regulations are clear that the employer must pay the filing fees and may not allow the worker to pay it directly, by deduction from wages or in any other fashion.  DOL regulations say that the H-1B costs and fees are employer business expenses and exclude those fees and costs from the list of “authorized deductions.” (Read more about deductions for an H-1B worker’s pay.) (more…)