Saturday, September 1, 2012

Best for employer to pay all H-1B fees

I am going to raise an issue that will upset some people or at least make them uncomfortable, and for doing so, I apologize. However, this issue is important, given certain recent court administrative law decisions. I am suggesting that, with regard to H-1B, the best arrangement for everyone is simply for the employer to pay ALL costs of H-1B. These costs include
- attorney fee, if any
- $325 base filing fee
- $500 fraud prevention fee, in most cases
- $750 or $1500 training fee, depending on the size of the employer, and if the employer is subject to the training fee in the first place.

In the past, some attorneys, including this one, would have been OK with having the employee pay certain expenses, so long as the employee still remained at or above the "required wage" after deducting these payments from salary. However, I have changed my position, and now do not follow this practice anymore.

Bottom line: everyone is better off, and employer is less likely to get into trouble, if employer pays all expenses.

I know you probably don't want to hear what I am saying. You want to make things as easy as possible for your employer, so you are probably willing to pay everything yourself, or else reimburse the employer after the employer advances the payments for these fees. The problem is that the government is taking a stricter view in this regard. I don't like their view and don't agree with it, but trying to fight them is probably impractical.

While I cannot offer legal advice, and though every situation is different, I would like to suggest one possibility: namely that you be flexible in the salary that you are willing to accept. If the employer is going to have to pay extra expenses, you might need to be willing to accept a corresponding lower salary to make up for it. However, remember that your salary, regardless of amount, still must meet the H-1B required wage standard.

My email is csun@calvinsun.com

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