What are the employer's obligations in sponsoring a Green Card?
Answer
📋 Summary:
Employers must pay filing fees, provide job offer, prove ability to pay prevailing wage, and maintain the position. They cannot require employee to reimburse fees or work for specific period after Green Card.
Employers have specific legal obligations when sponsoring Green Cards.
Key Points:
- Fees: Employer must pay PERM, I-140, and attorney fees (cannot require reimbursement)
- Prevailing wage: Must pay at least prevailing wage for the position
- Job offer: Must be bona fide, permanent position
- Prohibited: Cannot require employee to stay for specific period or reimburse costs
💡 In Other Words:
When an employer sponsors your Green Card, they're like a "sponsor" for a club membership - they pay the fees and vouch for you. They have to pay all the costs (PERM, I-140, lawyer fees) and can't make you pay them back. They have to offer you a real, permanent job and pay you the "going rate" (prevailing wage). They can't make you sign a contract saying "you must work here for 5 years or pay us back." It's illegal. They're doing you a favor, but they can't hold it over your head forever.
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