Green card cost clawback from employer

[jpotman]

I was transferred to USA on L1A and employer sponsored my green card. They had me sign an agreement when the green card process started that if I left the company I would have to repay fees and legal costs for the green card process.

Two questions:
1. Is such a contract legal and legally enforceable?
2. I am going to pay the amount, in that case, is there a way to treat this as loss of income or an unreimbursed expense for tax treatment?

Any and all help highly appreciated.

[twisted-pixel]

if you signed a contract then you are on the hook for it (in most cases). But, surely it's just good manners that they paid out money for your benefit, and that they get something in return? (we are talking about several thousand dollars of course)

In any case, IRS does not allow you to deduct USCIS fees from your income for tax purposes. Even travel to and from a biometrics appointment is not deductable.

[uscisplsapproveme]

This is normal and completely and easily enforceable. You're making the choice to leave so they can claim your employment was in bad faith juts to get the green card. This isn't like a non compete which can be difficult to enforce in some states...this is a literal monetary agreement like an insurance policy that you already signed and agreed to. If you do plan to leave, get in writing what that payback amount could be. It's not just gonna be filing fees - they can tack on all sorts of random ****

[rkk09]

Hi Member,
Please see my response below.
1. Is such a contract legal and legally enforceable?
Answer: For green card process, If any cost included for PERM filing including recruitment must be taken care by Employer. And the subsequent stage of I-140 and I-485 can be paid by Employee or Employer. If your Employer made an agreement for I-140 and I-485 fees then you will need to consider and think before have a signature.
2. I am going to pay the amount, in that case, is there a way to treat this as loss of income or an unreimbursed expense for tax treatment?
Answer: I dont really think, you can bring these fees amount for tax purpose.
Thanks