Green Cards Through Employment Offers

There are three main steps to obtain an employment-based green card:

1. PERM Labor Certification (Assessment of whether or not there are qualified U.S. workers)

2. I-140 petition (Employer petition for permanent foreign worker)

3. I-485 application (Employee application for permanent residence – green card application).

This step often includes an application for advance parole (ability to leave the country) and an application for employment authorization (ability to work while waiting).

One key thing to keep in mind about Step 1 and Step 2 above is that the entity filing the petition is the U.S. company and not the U.S. worker. In fact, the U.S. worker does not even sign the PERM or the I-140 petition and is only listed as the beneficiary on these petitions. Often we receive questions from clients as to who has to pay the fees for these filings.  Generally speaking  the employer must pay for the PERM and the employee can pay for the I-140 and I-485 petitions.

Does the Employer have to Pay the Fees Associated with PERM?

PERM is the procedure for applying for labor certification. As a first step, the employer is required to show that it could not find a ready, willing and able U.S. worker for the position. This step involves the company making a good faith attempt to hire a U.S. worker through the recruitment process. If the employer is unable to find a ready, willing and able US worker for the position, the company can file a PERM labor certification online with the Department of Labor.
For the PERM process, the regulations are clear and the employer is responsible for ALL fees associated with the PERM process, including recruitment costs and legal fees. The PERM does not have a filing fee so there is no fee to worry about there.

Who Pays for I-140 Fees?

Either an employer or employee can pay these fees. This includes both the legal fees and the filing fees.

Who Pays for I-485 Fees?

Either an employer or employee can pay these fees. This includes both the legal fees and the filing fees.
 

For further information or questions you may have, please do not hesitate to contact The Law Offices of Michael H. Markovitch.