Costs associated with Green Card

[flamesrock]

I'm currently in the US on a TN visa (yes I know it's not a dual status visa). I'm trying to convince my employer to sponser me for a green card. After discussing this with a lawyer I've determined I'd likely fall into the EB2 category. The lawyer advised that the legal costs would run somewhere around $3,000. My employer is reluctant to spend a bunch of money (in this economy understandable) on legal fees for a green card. However, I'm not permitted to pay for the legal fees or advertisements for my job.

I just started the job in August 2009 and as part of my job I received a $2,000 signing bonus.

1. Does anyone know if I were to repay the signing bonus if that would be permitted or if there would be any complications with this?

2. Also we have a significant amount of training that the employer provides, if I were to repay the employer for this training if there would be any complications raised with this?

Basically because I'm not allowed to pay for the legal fees or advertising fees for the green card I'm looking for other ways to reduce my employers expenses so that their net out of pocket expenses are zero.

Any help would be appreciated.

Thanks

[agnelson]

Only PERM fees are not payable by the employee. The other costs for green card, for I-140 and I-485 for example, including legal fees, can all legally be borne by you. I think the $3000 figure is a little low, or may only represent the PERM costs.

Post-PERM legal fees generally start in the $5000 range, plus all filing fees.


As to repaying employer, don't undercut yourself. Prove that you are worth it instead. If you are indeed considered EB2, then you are a high-level employee, not just some entry-level peon.

[Dremani]

Why don't you allow the employer to warm up to you a little before they file LPR for you? It sounds like you are going through a bit of a hassle with them plus it sounds like they are reluctant to do this since you've only started in Aug... Just a suggestion.

But as far as the lagal fees go, it's very expensive as agnelson said.

[flamesrock]

My main reason that I want to have the green card process started is so that my wife can secure a job. She can only work under an H1B visa and it's proving a little tougher for her to find someone to sponser her for the H1B for next year.

I convinced my employer to take a chance on me based on the TN visa and they weren't expecting to incur additional costs in the near future for a green card, which is why I'm trying to make this as appealing to my employer as possible. It's not so much short changing myself as putting my family in a position so that my wife can also get back to work.

Thanks for the lawyer tip, I'll check with him to determine what the additioinal costs would be after the PERM app.

Any additional suggestions would be appreciated.

Thanks

[agnelson]

So, for her to get EAD, your need to have PERM approved, after which you can file I-140 and I-485 concurrently, and her I-765 filing at that time will yield EAD.

Anything you do to "reimburse" your employer to get him to file PERM will smell. There is good reason why PERM cost is borne by the employer.