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I have a job offer from a new company. This company has agreed to apply for my green card but with the condition that if i leave them before 2 years after my I-485 is approved, I'll have to pay them all the costs they incurred for processing/sponsoring my green card. This includes attorney fee as well. Can someone tell me what is the amount a company can charge an employee legally for green card. I came to know from someone that companies are required by law to incur some of the processing costs (that they cannot charge to the employee).
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They can ...
They can charge the employee the total processing fees based on the contract you sign with the company.
The total cost of the permanent residency processing can run anywhere up to $6000.
If the terms are not agreable to you, you can ask the company to change the contract or get your GC from another company.
You can also request them to modify the contract in such a way that if your GC processing takes more than 3 years, then the total employment required after I-485 approval be reduced to one year or thereabouts.
Take care. -
Thanks for your reply knowledgeable. I asked the company how much the cost would be to process green card. they said anywhere from 15K-20K dollars since we use best lawyers. Can the costs run so high even if somebody use expensive lawyers?
Also the company mentioned that they can only demand those costs from me which are legally permissible. I did some research on the internet and found that by law they cannot ask me for the fee for PERM application, but can ask for the cost of rest of the process. What would be the typical cost for rest of the process?Comment
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Ah!
Ah! Now your Internet research has given you some insight. The underlying issue however is that once you sign any contract, whether your Internet shows valid or not, you're in trouble.
Do understand that a company can sue you with their full force and knowing your financial limitations can take you out and drain your resources, even if you may know that they're in the wrong.
The idea that you need to have in mind is to have a peaceful worry-free life in the United States. Put all your resources for the betterment of your own life and your family's not to fight with your company on what they can or cannot charge you in case you desert them before the contract ends.
If you're not comfortable make a deal with them now itself and get the contract amended to your benefit or meet them half way.
The other better resolution is to get someone else to file for your permanent residency.
Having said that, now going back to your main issue, the approximate total cost of the filing still should not go beyond US$6000 or thereabouts. A "good" attorney usually charges [excluding the USCIS fees] anything from US$1000 through US$3000 for filing a GC. The rates will be higher only if your attorney is in that class catering to high profile names.
Good luck and God speed.Comment
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