I would like to inquire about the costs associated with the employment based green cards. I believe the steps are (1) PERM/Labor Cert., (2) I-140, and (3) I-485.
Do employers pay all of the costs? Are they required to? Can the individual pay for the costs, such as the labor cert. costs?
On May 17, 2007, the Department of Labor published a final rule (Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity) in the Federal Register which took effect on July 16, 2007. Among the new rule’s changes is a provision which prohibits the sponsored employee to pay for any fees associated with the filing of his/her application for permanent labor certification, including legal fees, government filing fees, and recruitment/advertisement costs. The rule further prohibits the employer from seeking future reimbursement from the employee for these costs. An employer and/or attorney may be debarred from utilizing the labor certification program for up to three years for failing to comply with this provision of the rule.
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