Who Pays H-1B Fees? Can an Employer Charge You? (2026 Rules)

Quick answer: In most cases, no. Under Department of Labor rules, H-1B sponsorship costs are the employer’s business expenses. You can never be made to pay the ACWIA training fee, and petition and attorney costs can’t be pushed onto you if that drops your pay below the required wage. If a company asks you to pay for your own H-1B, or to sign a promise to repay it, treat it as a red flag.

Who pays for what

The rules are in 20 CFR 655.731. Business expenses tied to the H-1B process can’t be shifted to you in a way that drops your pay below the wage on the Labor Condition Application (LCA), and the ACWIA fee goes further: you can’t pay any part of it.

Person reviewing an employment contract at a desk

Cost	Who pays
ACWIA training fee	Employer only. The worker cannot pay it, directly or indirectly.
Fraud prevention and detection fee	Employer
USCIS petition filing fees	Employer (a business expense)
Attorney fees for the LCA and H-1B petition	Employer (a business expense)
Premium processing	Employer if the company needs it. You may pay only for your own reasons, like urgent travel.
Visa stamping, dependents’ H-4 costs	Usually the worker, unless the employer offers to pay

How employers try to pass costs to you

A “visa processing fee” paid up front, sometimes in cash or to a “training center.”
Payroll deductions labeled as visa or legal costs.
A repayment agreement that says you owe the H-1B costs if you leave early. Reasonable liquidated damages may be allowed under state law, but not a penalty, and never the ACWIA fee.
“Benching” without pay. H-1B employers generally must keep paying the required wage during nonproductive time the employer caused.

“Is it normal that they want me to cover the lawyer?”

Candidates often ask me this, a little embarrassed. Nobody wants to lose an offer over a fee, so a lot of people stay quiet.

The Department of Labor’s Fact Sheet #62H is clear. It lists costs an H-1B worker can never be required to pay, including attorney fees tied to the LCA, attorney fees and the premium processing fee tied to the petition, and any part of the USCIS training fee.

Ask for the request in writing, with the exact amount and what it covers.
Ask which DOL rule the employer is relying on.
If it doesn’t add up, contact the DOL Wage and Hour Division.

What to ask before you accept

Most Korean companies I work with handle H-1B costs the normal way. Still, ask:

“Will the company cover all H-1B filing and attorney fees?”
“Is there any repayment agreement if I leave within a certain time?”
“Who is the immigration attorney, and can I talk to them about my case?”
“What wage will be on the LCA, and will I be paid between projects?”

Ask in writing, keep it friendly, and save the answers. A legitimate employer won’t be offended. I cover spotting bad sponsors in visa sponsorship at Korean companies.

What about the $100,000 H-1B payment?

Does it hit me if I switch jobs or move over from OPT?

Candidates on OPT or weighing a job change keep asking me this. The White House FAQ calls the $100,000 a one-time payment on new petitions filed after September 21, 2025, and says it doesn’t apply to renewals, previously issued visas, or current holders traveling in and out.

On September 18, 2026, the proclamation was extended to September 21, 2027; its text restricts entry and petitions for people outside the U.S. Separately, DHS proposed a $103,265 fee on cap-subject petitions that the employer pays, which is still a proposal, not a final rule. These rules change quickly, so check the date on anything you read. Not legal advice; every case is different.

Is my filing a new cap-subject petition, a change of employer, or an extension?
Does the proclamation payment or the proposed fee apply to it?
Who pays, and can I have that in writing?

I couldn’t find an official rule that speaks specifically to passing the $100,000 payment to a worker, so treat any such request as a red flag.

If your employer already charged you

Keep records: offer letter, payslips, receipts, emails, and any repayment agreement.
Talk to an immigration or employment attorney about your options and your status.
File a complaint with the DOL Wage and Hour Division. Outcomes can include back wages, fines, and debarment of the employer from the H-1B program.

Planning your dates too? The H-1B Timeline Calculator maps them out in a minute.

FAQ

Can I pay for my own H-1B to get a job faster?

You can’t pay the ACWIA fee, and the employer can’t shift its business costs to you in a way that cuts your pay below the required wage. Offering to pay also weakens your position. Look for an employer that sponsors the normal way.

Can my employer make me repay H-1B costs if I quit?

It can’t recover the ACWIA fee or charge a penalty for leaving early. Some limited liquidated damages may be allowed under state law, so have an attorney review any repayment clause before you sign.

Who pays for premium processing?

If the company needs you to start quickly, it’s the company’s cost. You may pay only if it’s for your own reasons, such as urgent travel.

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ABOUT THE AUTHOR

Jacob Kim

Bilingual (English/Korean) recruiter based in New Jersey. I place engineers, technicians and office staff with Korean-affiliated companies and their suppliers across the U.S., and I write GRYNDHAUS from the questions candidates actually ask me during interviews, offers and their first months on the job.

OSHA 30 · B.B.A., Baruch College (CUNY)

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