Florida Immigration Attorneys

Who Must Pay for the H-1B Process?

Who Pays the H-1B Visa Processing Fees?

The salary and most costs for the H-1B visa petition process must be paid by the employer, including the registration fees, filing fees, and other required fees.

Within 30 days of the employee's entry into the US or within 60 days of a change of status (COS), if the employee is in the US, the employer must pay the stated wage on the petition. 

How Much of the Wages Must Employers Pay?

The wage the employer must pay used to be 95% of the prevailing wage but that has changed and the employer must now pay 100% of the prevailing wage.

An employer is permitted to give a prospective employee a monetary or non-monetary signing bonus such as stock options or a percentage of the business.

Can an Employer Furlough or Bench an H-1B Worker?

The employer may not "bench" a full-time or part-time H-1B due to lack of work. That is, an H-1B employee must be continually employed and paid while in the US.

If there are lack of projects for the employee, the employer should first consider transferring the worker to other projects. If cost is an issue, employers can file an amendment to their H-1B to request a salary reduction or change the worker to part-time. 

The employer is required to pay the reasonable costs of transportation to the H-1B workers home country if the worker is terminated before the end of the period of admission.

What Happens If an H-1B Employee Quits?

While in the US and employed it is not a violation of status for the H-1B employee to receive leave under the Family Medical Leave Act. Also, a penalty may not be levied against an H-1B employee for leaving the employer. A liquidated damages clause is permissible as long as it is in compliance with the laws of the state.

If the employee voluntarily ends employment, the employer is not responsible for transportation costs to the home country. The requirement to pay the return transportation does not apply when the employee chooses on his or her own to end the employment or when employment is ended when the authorized stay is over.

The employer is not by statute required to pay transportation costs for H-4 family members.

What If an Employer Fails to Reimburse Return Transportation Costs?

For an employee to obtain reimbursement from the employer, this requirement is treated as a contractual agreement. In the event the employer fails to comply with the requirement to pay return transportation costs and does not notify CIS of the early termination and does not pay the return transportation costs, the employer may be required to pay the employee because there has been no bona fide termination of employment.

Call for Help with H-1B Visa Processing

If you need assistance with an H-1B visa, call our team at Brown Immigration Law for guidance. We can handle the paperwork and resolve any disputes that arise. 

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