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Employer & Department Responsibilites
Under the Immigration and Nationality Act it is a violation for an employer to require the alien worker named in an H-1B petition to reimburse or otherwise creatively compensate the employer for any part of the H-1B petition filing fee(s). This filing fee is solely the employer’s burden. Departments are responsible for the payment of all business-related expenses associated with any worker named in an H-1B petition. Departments cannot require the H-1B worker to reimburse or otherwise creatively compensate the university for costs connected with the H-1B petition filing. These costs include, but are not necessarily limited to, approved legal fees, administrative costs, filing fees, and recruitment costs. Departments have the option to pay the costs associated with other employment-based applications and petitions as necessary for the performance and operation of the university. All dependent-related application and petition expenses are considered personal in nature and must be paid for by the individual. The USCIS filing fee for the premium processing service is $1,000 and is in addition to all other applicable filing fees. University guidelines require justification for this fee as a necessary business-related expense as necessary for the performance and/or operation of the university.
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