USA and the UK
- Green Card Sponsorship by Employer
- Paying Initial Recruitment Costs
- Government Fees
- Lawyer’s Fees
- Paying Application Fees
- Paying Foreign Workers at Prevailing Wage Levels
- For How Long Must the Employer Continue to Employ the Foreign Worker
- Cost of Sponsoring a Skilled Worker in the USA
- Treating Foreign Workers in a Nondiscriminatory Fashion
- How Can Immigration Advice Service Help?
Green Card Sponsorship by Employer
A company can sponsor a green card for an employee to obtain permanent residency status. This is done by submitting Form I-140, Immigrant Petition for Alien Worker, to the U.S. Citizenship and Immigration Services (USCIS).
Sponsorship of a green card requires considerable expense on behalf of the sponsoring employer, who must pay all filing fees, legal fees, and other associated costs.
These costs can range from a few hundred to several thousand dollars, depending on the type of green card application and the number of applicants involved.
Paying Initial Recruitment Costs
One of the first questions many employers ask is, “How much do I need to invest in my PERM recruitment effort?” PERM stands for Program Electronic Review Management and is a process employed by the U.S. Department of Labor (DOL) to certify that no qualified U.S. citizens are available for the position being offered.
It is also the first step for certain foreign nationals in obtaining an employment-based immigrant visa (Green Card). The PERM recruitment process can range from $500 – $5,000, as processing fees will vary depending on the complexity of an individual case.
This cost does not include advertisement costs or attorney fees, which must also be taken into account when planning for PERM filing expenses.
It’s important to note that any PERM recruitment expenses cannot be recovered from the employee who has applied for a green card. This means employers must be prepared financially for PERM recruitment costs to sponsor an employee for a green card successfully.
Government fees cover the cost of filing Form I-140 and other associated forms. Government fees are generally fixed, though they can vary slightly depending on whether additional processing is required. As per the USCIS website (July 2020), these include the following:
- Form I-140: $700;
- Form I-485: $1,140 (plus the $85 biometric fee if applicable);
- Premium processing fees for I-140 and/or I-485 application: $1,440.
Attorney’s fees vary depending on the complexity of your case and the conditions around the green card application. At Immigration Advice Service, we offer a flat fee structure to ensure transparency with our clients. In addition, our trained attorneys will guide you through every step of the process and provide tailored advice based on your individual circumstances.
To get an accurate estimate of how much it would cost to sponsor a green card application for an employee, please contact us today. Our experienced team can help advise you on which forms are required and explain the entire process in detail. We’ll provide you with the most cost-effective solution for your needs.
Call us now on +1 844 290 6312 or contact us online to discuss all of your immigration questions and concerns. Our team is here to help, providing professional advice and support throughout the entire process.
Paying Application Fees
Currently (2022), there is no fee for filing the PERM application with the DOL. However, there is a substantial fee that employers are expected to pay when filing the I-140 petition with U.S. Citizenship and Immigration Services (USCIS). It’s presently set at $700 (2022 figure).
But USCIS is attempting to change its fee structure again; the last attempt in 2020 failed after lawsuits. U.S. immigration law does not prohibit the employer from passing the government’s application cost on to the employee.
The employee may also be asked to cover application fees for the I-485 form (Application to Register Permanent Residence or Adjust Status), ranging from $750 to $1,200, depending on their circumstances.
It’s important to note that any application fees paid by the employee must be reimbursed if the employer decides to withdraw their sponsorship before the green card is approved.
It is also recommended that employers consult a qualified immigration attorney before attempting to pass on these costs, as there are certain restrictions that should be taken into consideration.
Paying Foreign Workers at Prevailing Wage Levels
Employers should be aware that they are required to pay foreign workers at the prevailing wage level. This is the minimum pay rate DOL sets for a specific job in a certain geographic area.
To meet this requirement, employers must first obtain an approved labor certification through the PERM program before applying for a green card on behalf of their employees.
Suppose you have any questions or concerns about sponsoring a foreign worker for permanent residency and need help with your PERM filing process.
In that case, our experienced immigration attorneys are here to provide you with all the assistance and advice you need. Get in touch with us today on +1 844 290 6312, and we can help make your PERM filing experience as smooth and stress-free as possible.
For How Long Must the Employer Continue to Employ the Foreign Worker
After obtaining an approved I-140 petition and the green card is granted, there are no legal requirements for employers to continue employing the foreign worker.
However, if the employer decides to withdraw their sponsorship before the green card has been approved, any application fees paid by the employee must be reimbursed.
Also, if the employment ends soon after receiving the green card, USCIS might believe that the worker and the employer never actually intended the foreign worker to remain permanently employed.
This could be used as an argument for revoking the green card. Employers should, therefore, make sure that their intentions are clear before allowing a foreign worker to apply for permanent residency.
Finally, it is important to note that the length of time employers will have to wait while sponsoring a foreign worker for permanent residency can vary significantly.
Depending on the employee’s country of origin and other factors, it may take anywhere from a few months to several years before the green card application process is complete.
A skilled worker is generally more expensive to sponsor for a green card than an unskilled worker.The employer will be required to pay the foreign worker at the prevailing wage rate and may also have to provide additional benefits depending on their individual circumstances.
The following are the types of fees and costs associated with sponsoring a skilled worker:
Green Card Application Form (I-485)
The I-485 form is the only application form required for sponsoring a foreign worker for permanent residency. The fee for this form can range from $750 – $1,200 depending on the employee’s individual circumstances and the type of green card they are applying for.
Employment Authorization Document (EAD)
The EAD is an optional document that employers may apply for on behalf of their foreign employees. This will allow the employee to continue working in the country while they wait for the green card to be approved. The application fee for an EAD is $410, and additional fees may be associated with filing this form.
It’s highly recommended that employers work with an experienced immigration attorney to guide them through the entire process of sponsoring a foreign national employee for permanent residency. Attorney fees will vary depending on the complexity of the case and can range from $1,000 – $5,000 or more.
USCIS Premium Processing Fees (Optional)
USCIS offers the premium processing option for certain applications, which will guarantee a response from USCIS within 15 days of submitting their application. This service is optional and is offered at an additional fee of $2,500.
Biometrics (Fingerprints & Photo)
Depending on the employee’s country of origin, there may be additional fees for biometrics services such as photos and/or fingerprints. This fee is $85 per person.
State Department Processing Fees
If the employee is abroad, the employer may have to pay a one-time fee for the State Department’s processing of their application. This fee is, on average, $325 but can vary depending on individual circumstances.
USCIS Immigrant Visa Application Fee
If the employee has been approved for permanent residency, the employer is also responsible for paying the USCIS Immigrant Fee. This fee is usually $220 and must be paid at least one day before the employee enters the United States.
The employee must also go through a medical examination to be granted permanent residency. This fee generally ranges between $200 – $400, depending on the doctor or clinic they are seen at.
Treating Foreign Workers in a Nondiscriminatory Fashion
Employers should always treat foreign workers in a nondiscriminatory fashion. This includes not discriminating against them in terms of wages, benefits, or other conditions of employment based on their national origin or citizenship status.
Employers must also pay the prevailing wage and provide all the benefits they are required to by law. Failure to do so could result in fines and other penalties.
Immigration Advice Service can provide employers with advice and assistance throughout the entire process of sponsoring a skilled foreign worker for a green card.
Our experienced attorneys can guide employers through each step of the process, from filing the application to making sure all documents are submitted correctly.
Contact us today on +1 844 290 6312 to learn more about how we can help you get started sponsoring a skilled worker for permanent residency or for a family-based green card.
Last modified on February 27th, 2023 at 7:10 am
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