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Who SHOULD pay H1B Fees? US Dept of Labor – H1B Advisor Guidance

The US department of Labor(DOL) provides a tool to assist employers and H1B holders to understand the H1B visa requirements and comply with the program rules.  There have been many H1B Fraud Companies Debarred before that violated these rules. There are many myths among the H1B visa holders about what to do and what NOT to do. This tool is to geared to clarify many questions like below and help clarify rights and responsibilities.

  • Should you be paid on bench when on vacation?
  • Should you pay for training?
  • Is Visa fee your expense or Employer should pay for it ?

There are so many questions that H1B holders are not aware of. If you are a H1B holder you must take advantage of this interactive Online advisor tool by Department of Labor(DOL) to know your rights.

How to check what H1B Holder Rights on DOL ? Wages ? Immigration Fee ?

Step 1 : Go to  Elaws H1B advisor tool at DOL and select I am a H1B worker

Step 2 : You will see page with links like in below screenshot. You can choose any of the links under each of the categories such as Monetary issues, Worker protection, etc. You can select any of the topics, for some of them you will get a prompt to answer some questions, for some it is pure text for your guidance. It is very easy to navigate, you can see below.

Let’s look at couple of examples.

Who Pay for H1B Filing Fee ? What fees are business expenses ?

First, you click on the Immigration fee from the dashboard page, you will get a form to select what fees you paid, etc like in below screen, then once you click on continue, then you will get the details as in below screenshot on the right. Majority of the fee is an employer’s expense.

Should you get paid during Bench ?

Below is an example interactive session on Benching and Other Non-Productive Periods for H1B

If you are a H1B employee, it is a great tool to understand your rights for getting paid, paying fees for immigration, being on bench, etc. Also, whistleblower protections, etc. You must check it out to understand your rights and protections in US.

What has been your experience with H1B Advisor tool ?


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  1. Actually I have been selected in H1B Lottery. So i would love to ask that what I have to do next. Whether my sponsoring company will file my petition or shall I have to file. Plz reply my queries because I am new for H1B Lottery

  2. I’ve been shotlisted for viza H-1B. My employer tells me to pay for fees US$ 2,217. Should I pay or not? If pay where should I send the money? I’m applying outside USA.


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