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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17223
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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My employer deducted money from my pay for filing H1 fees and

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My employer deducted money from my pay for filing H1 fees and sent me emails to a send checks towards filing LCA too and rest of the H1 fees. What do you think i can do in this situation? What are the repercussions ensuing if i proceed legally?

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

Under the law the employer must bear the costs for most of the H1B filing fees,

wallstreetfighter :

if the employer is taking such payments out of your check, you can file a DOL audit complaint and wage complaint,

wallstreetfighter :

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.

wallstreetfighter :

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.”

wallstreetfighter :

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.

wallstreetfighter and 3 other Employment Law Specialists are ready to help you
wallstreetfighter : Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
wallstreetfighter : Under the law the employer must bear the costs for most of the H1B filing fees,
wallstreetfighter : if the employer is taking such payments out of your check, you can file a DOL audit complaint and wage complaint,
wallstreetfighter : 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.
wallstreetfighter : 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.”
wallstreetfighter : 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.
Customer: replied 4 years ago.

Could you explain in detail as what required and net pay is?

they have to pay the training fee as per the law, which is either $750 or $1500 so that fee must be paid by the employer.

The law does allow the employer to charge an employee for other fees such as legal fees, however they cannot reduce your salary in any way to pay for the fees or deduct your wages, your wages cannot fall below the LCA wage.
wallstreetfighter and 3 other Employment Law Specialists are ready to help you

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