PERM cancellation in initial stages due to possible moving out from US

[talsi123]

Hello,

I read online that employers have to pay 100 percent of the PERM costs (legal, processing, etc) while the costs for I-140 and I-485 can be paid by either the employer or employee (not obligatory).

At my company, the the policy is:
1. Company pays 100 percent PERM costs
2. Company and sponsored employee share 50 percent of the cost of the I-140 and I-485 stages
3. In the event the employee voluntarily leaves the company within a year or two of GC filing, he has to reimburse the company for the 50 percent paid for I-140 & I-485 while the there is no reimbursement for PERM.

My GC process has just started where we are still deciding on the job description, and initial strategy. However, I might have to move out of the US within the next 2-3 months due to personal reasons. I would only know for sure if I have to move until about 1-2 weeks before departure so I cannot inform my employer as of yet.

Not being able to ask them to hold off on the process since it might set off alarm bells, I was wondering if they might bring up a clause and ask for PERM fees reimbursement before I leave (voluntarily mid-way of filing) even though the company is required to pay it?

Thanks.

[Rio Mavuba]

Hello,

I read online that employers have to pay 100 percent of the PERM costs (legal, processing, etc) while the costs for I-140 and I-485 can be paid by either the employer or employee (not obligatory).

At my company, the the policy is:
1. Company pays 100 percent PERM costs
2. Company and sponsored employee share 50 percent of the cost of the I-140 and I-485 stages
3. In the event the employee voluntarily leaves the company within a year or two of GC filing, he has to reimburse the company for the 50 percent paid for I-140 & I-485 while the there is no reimbursement for PERM.

My GC process has just started where we are still deciding on the job description, and initial strategy. However, I might have to move out of the US within the next 2-3 months due to personal reasons. I would only know for sure if I have to move until about 1-2 weeks before departure so I cannot inform my employer as of yet.

Not being able to ask them to hold off on the process since it might set off alarm bells, I was wondering if they might bring up a clause and ask for PERM fees reimbursement before I leave (voluntarily mid-way of filing) even though the company is required to pay it?

Thanks.

It is illegal for a company to ask an employee to pay for the PERM. Besides, even if you leave after the PERM process has begun, the company can use the work that they put in to your PERM process (creating job description, recruiting, etc) for another employee within the company in a similar job position who requires sponsorship.

[talsi123]

It is illegal for a company to ask an employee to pay for the PERM. Besides, even if you leave after the PERM process has begun, the company can use the work that they put in to your PERM process (creating job description, recruiting, etc) for another employee within the company in a similar job position who requires sponsorship.

Great, thanks for the reply.