H1 B fees to be paid by employee or employer

[dude100]

My spouse is hired by an American company and they just handed her the invoice for H1 B and attorney fees of about $7500. And they also mentioned she must not make the payment from her checking account but a third party account (of course that will be me).

Question:

Is it legal for the employer to ask the employee to pay the fees?

If my spouse is able to pay through her account can she claim the payment for tax deduction as a job expense?

Thanks

[pontevecchio]

It sounds fishy. Get a second opinion. It will cost you a few hundred Dollars or less.

[JoeF]

Some fees have to be paid by the employer, and the employer can not get reimbursed for these fees, neither directly nor indirectly.

The details are in 20 CFR 655.731.

And there seems to be something very shady with the request to not make the payment from her checking account.

I would ask them (in writing) why the payment should not be from her checking account. This looks as if the company knows they are breaking the law...

And finally, H1 costs are not tax deductible for her (the employer, if they pay the fees and don't get reimbursed, can deduct them as business expenses.)

[JoeF]

Oh, and I would ask (again, in writing, all such communication should be in writing) for an itemized list of the fees.

[Chitown01]

EMPLOYER should pay all H1 related fees.

[dude100]

Thanks all for the response.