Some visas, such as the H-1B, may require the employer pay for the attorney fees and filing fees, and some immigrant visas may require the employer to pay for all costs such as in the case of a PERM labor certification. There are a number of fees that foreign nationals may incur while being sponsored by their employer, including medical exams for immigrant visas, I-765 applications for the foreign national’s spouse and children; I-539 petitions for a spouse and children when the employee is in H-1B, TN or L status; and attorney’s fees and filing fees for L executive/manager applying for a green card.
There is no perfect answer as to how an organization should design a policy about what the employer or the employee should pay for. In some hyper-competitive work environments, such as nurses and IT, employers will pay for all additional expenses, even the cost of obtaining passport photos. Some employers will not pay for anything not required under the law. Some employers are in the middle – paying some expenses and not paying for others.
Other items that a company may want to include in the development of an immigration law policy:
- Third country visa processing is disallowed because it usually costs more money and has more unsettled issues than a home country consulate;
- Clawback policy where employee must pay back a portion of visa costs if employee leaves within a specified period of time. However, for H-1B visas, be careful that it is not a penalty but rather a liquidated damages provision;
- Visa holder must maintain a favorable job performance in order for the company not to recoup certain fees and expenses that an employer is not required to pay;
- Clearly defined benchmarks for when the company will initiate green card sponsorship;
- Rule for when the company will consider immigration sponsorship, such as after one or two years of favorable employment;
- Sponsorship of an employee for an immigrant visa is entirely in the company’s discretion; and
- It is in charge of how the sponsorship proceeds and should identify the individual(s) or position(s) vested with the authority to manage the sponsorship process.
As the U.S. immigration and nationality law becomes more complex and as Human Resources Professionals are required to deal with complexities of business immigration law nuances on a daily basis, the immigration lawyers at NPZ Law Group are called-upon to help fashion customized immigration policies for corporate clients. The Policy development process begins with a complete analysis of the organization immigration law needs. Every company’s needs differ.
If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at firstname.lastname@example.org or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s website at www.visaserve.com