H-1B Lawyer Fees: What They Cost and Who Has to Pay

H-1B visa lawyer fees for the petition are, by federal rule, the employer's cost. The Labor Department treats attorney fees for preparing the labor condition application and the H-1B petition as the employer's business expense, which can't be taken out of the worker's pay below the required wage (20 CFR § 655.731(c)(9)). A worker may still pay for their own lawyer, for advice or for family members' filings.

Cost	Who pays under the rules	Where the rule is
Lawyer's fee for the labor condition application and H-1B petition	The employer	20 CFR § 655.731(c)(9)
Training fee (ACWIA) on most H-1B petitions	The employer; the worker may not pay any part of it	8 U.S.C. § 1184(c)(9); 20 CFR § 655.731(c)(10)(ii)
Other USCIS filing fees for the petition	Generally treated as the employer's cost of filing	20 CFR § 655.731(c)(9)
The worker's own lawyer, for advice or review	The worker, by choice	No rule requires it
Filings for a spouse or children	Often the worker	Ask the employer; some pay

The training fee is $1,500 per petition, or half that for employers with no more than 25 full-time employees (8 U.S.C. § 1184(c)(9)(B)). We checked both rules on November 7, 2026. USCIS sets the other fees in its fee schedule, and they've changed more than once in recent years, so check the current schedule before you budget.

Estimate the legal cost

For an employer budgeting a petition, or a worker paying for their own review, put in the lawyer's flat fee and any hourly work, such as answering a request for evidence.

The defaults are an example: a $2,500 flat fee plus 3 hours at $350 for a request for evidence, $3,550 before government fees. Add the USCIS fees that apply to your case from the fee schedule in the last field.

What "can't be deducted" means

The rule works through the worker's wages. An employer must pay at least the required wage, and deductions that recover the employer's business expenses, including these attorney fees, aren't allowed if they bring pay below it. If such costs push pay below the required wage, the Labor Department counts it as an unauthorized deduction even if it doesn't show in payroll records (§ 655.731(c)(12)). Workers who think they paid costs that belong to the employer can contact the Labor Department's Wage and Hour Division.

What the worker usually pays for

• Their own immigration lawyer. The employer's lawyer represents the employer's petition. A worker who wants independent advice, for example about changing jobs or a green card, often hires their own.
• Dependents. Filings for an H-4 spouse or children aren't the H-1B petition itself. Some employers pay for them as a benefit.
• Personal travel and visa appointments abroad. These depend on the situation; ask the employer what it covers.

Questions for the employer or lawyer

1. Who is the lawyer's client: the company, me, or both?
2. Which costs is the company paying, and will any come out of my pay?
3. Is the training fee due on this petition, and has the company paid it?
4. Who pays if there's a request for evidence?
5. Will the company pay for my family's filings? For other work visas, see U.S. visa categories.