Employment Law Questions? Ask an Employment Lawyer.
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Under the law the employer must bear the costs for most of the H1B filing fees,
if the employer is taking such payments out of your check, you can file a DOL audit complaint and wage complaint,
An employer clearly must pay the training fee (of $1500 or $750 depending on the number of employees) and may not allow the worker to pay it directly, by deduction from wages or in any other fashion.
In terms of other legal fees or expenses being billed by the employer, the regulations more specifically state that unauthorized deductions are prohibited only insofar as they would cause the net wage to fall below the required wage. In other words, the DOL regulations would suggest that an employee can pay H-1B fees and costs provided that he or she is still receiving the “required wage” net of the “deduction.”
The employer is liable clearly for the training fee the other fees, can be billed to the employee however the employees wages cannot be lowered under the offered wage to pay them.
Could you explain in detail as what required and net pay is?
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