Company pays for H1B PP?

IBM rkawjdu
Jan 30 9 Comments

I’ve got picked up by H1B lottery last April and still waiting for the approval. I inquired if I can submit premium processing to the immigration case manager in my company and was told that the company is still analyzing the benefit of upgrading H1B Cap applications to Premium processing. I have heard on the past, some of folks paid for the extra cost out of their pockets to do PP. Is company sponsorship/decision really needed to upgrade my case to PP? I’m willing to pay the extra cost.

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TOP 9 Comments
  • Nvidia x1n1
    Short answer: Yes, company decision is required.

    It is illegal for a company to ask a candidate to pay for any part of their H1B fees.

    If USCIS is made aware of such descrepencies, there would be significant consequences.

    Hence, your best bet would be to convince your manager to upgrade you to PP
    Jan 30 5
    • EMC rob0608
      Asking the employee to pay for the regular h1b fees is illegal. Asking the employee to pay for PP is NOT illegal. Companies askkng employees to pay PP is common
      Jan 30
    • DoubleVerify Karius123
      This is incorrect. As EMC said premium processing is optional and an employee can pay out of pocket if the company does not approve it.
      Jan 30
    • Nvidia x1n1
      Oh, thanks for the clarification. I didn't know that employee can pay for PP. As per these it cannot but maybe USCIS allows it.
      Jan 30
    • Nvidia x1n1
      A penalty (as defined by state law) for the worker’s failure to complete the full employment period (INA § 212(n)(2)(C)(vi)(I));

      Any part of the statutory training and processing fee imposed by the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) (INA § 212(n)(2)(C)(vi)(II));

      Any part of the statutory $500 fraud protection and detection fee imposed by USCIS (INA § 214(c)(12)(A)); and/or

      Any deduction for the employer’s business expenses that would reduce an H-1B worker’s pay below the required wage rate (20 C.F.R. § 655.731(c)(9)), including:

      Any expenses, including attorney fees, directly related to the filing of the Labor Condition Application (Form ETA 9035 and/or ETA 9035E) (20 C.F.R. § 655.731(c)(9)(ii));

      Any expenses, including attorney fees and the premium processing fee (INA § 286(u)) directly related to the filing of the Petition for Nonimmigrant Worker (Form I-129/129W) (20 C.F.R. § 655.731(c)(9)(ii) and (iii)(C));

      Tools and equipment (20 C.F.R. § 655.731(c)(9)(iii)(C)); and

      Travel expenses while on employer’s business (20 C.F.R. § 655.731(c)(9)(ii) and (iii)(C))
      Jan 30
    • Cisco Wakeup
      Nvidia. Stop spreading wrong information. Employees can pay for PP.
      Jan 30
  • Epic / Eng
    Guardian

    Epic Eng

    PRE
    Intel
    Guardianmore
    The attorneys work with your organization and if you want to do premium processing, you are not hiring a separate attorney for that right. So you need your organization onboard with your goal (approval/decision whichever way you call it). As for the fees, it is legal for you to pay the premium processing fee - we did it in the past to expedite the issual of my H4 EAD.
    Jan 30 0
  • Cisco FXzH34
    You can pay Premium Processing fee by yourself
    Feb 1 0
  • BAL told me I could pay For the PP myself
    Jan 30 0

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