March 2, 2024

As an employer, have you recently received a text, email, postcard, or letter claiming that you can sponsor a recipient for a green card at no cost to you? Before you proceed, you must arm yourself with the facts and fully understand the regulations surrounding who can bear the costs involved in the employment-based green card process. Misinformation abounds, and navigating these waters without a clear understanding could lead to unexpected complications. Let’s investigate the truth behind these claims, ensuring you know exactly who can pay and what they’re responsible for when sponsoring a worker for an employment-based green card.

Embarking on the journey to sponsor an individual toward obtaining an employment-based green card in the United States is a considerable step. However, this process involves various steps and associated costs, leading to one common question: “Who is responsible for these expenses—you or your employee?” Let’s break down the rules and responsibilities in a way that’s easy to understand.

STEP 1. Labor Certification (PERM Process)

Who Pays? The Employer.

The labor certification, also known as the PERM process, is the foundation for most employment-based green card applications. This step involves proving that no qualified U.S. workers are available for the job, necessitating hiring a foreign worker.

Federal Regulation:⁽¹⁾ According to the Department of Labor (DOL), the employer must bear all costs related to the labor certification process, including any filing fees, legal fees, and other expenses incurred during the process.

Step 2. I-140 Immigrant Petition for Alien Worker

Who Pays? It Varies.

Once the Labor Certification is approved from Step 1, the next step is filing the I-140 petition. This step has no strict regulatory requirement regarding who should cover the cost. While it’s common for employers to pay this fee as a continuation of their commitment, there is no legal prohibition against the beneficiary (the employee) paying for it.

Federal Regulation: There is no explicit rule in the CFR stating who must pay the I-140 fees, leading to flexibility in practice.

Step 3. I-485 Adjustment of Status or Consular Processing

Who Pays? The Employee.

The costs are generally the employee’s responsibility when adjusting their status (through Form I-485) or undergoing consular processing. This stage is personal, as it involves the individual’s application to change their status to that of a permanent resident.

Federal Regulation: The fees for the I-485 application, biometrics, medical examinations, and any other personal documents are typically borne by the applicant. The I-485 application is considered part of the personal immigration process.

Additional Costs

personal immigration process.

Additional Costs

Other costs associated with obtaining an employment-based green card, such as fees for obtaining necessary personal documents or translations, are generally considered the employee’s responsibility, but there may be flexibility based on agreements between the employer and employee.

Final Musings

The journey to obtaining an employment-based green card involves several steps, each with its own set of costs. Understanding who is responsible for these expenses can help employers and employees navigate the process more smoothly. Always remember that the guidelines protect both parties’ interests and ensure a fair process.

^{(1) _{U.S. Department of Labor, Employment & Training Administration. 20 CFR 656.12(b).}}