A vertical structure light emitting diode (LED) and a fabricating method thereof is disclosed, wherein a metal support layer is formed on an upper surface of a light emitting structure by way of electrolytic plating method in which no high temperature process is required to obviate occurrence of defects on the devices, and the metal support layer containing a soft metal and a hard metal is formed on the light emitting structure to prevent occurrence of warping of a wafer to increase the mechanical strength and to improve reliability.