How Much Does a Green Card Sponsorship Cost a Company?
Are you a US employer looking to sponsor a foreign worker? Every employment-based (EB) visa and green card has different legal requirements and costs. One option is to sponsor an EB green card, also known as a permanent resident card.
Types of Employment-Based Green Cards
EB-1
EB-1A applicants demonstrate extraordinary ability in a specific field. They don’t require employer sponsorship.
EB-1B applicants include outstanding researchers and professors with national acclaim.
EB-1C applicants include executives and managers of foreign companies.
EB-2
The job must require an advanced degree (MBA, PhD, etc).
The employer must attempt to recruit a US citizen or green card holder first.
A candidate can apply without a sponsor if they can show that their employment is in the national interest of the US.
Note that citizens from India and China currently face a four- to nine-year backlog.
EB-3
The job must require a four-year degree or equivalent.
The employer must attempt to recruit a US citizen or green card holder first.
Note that citizens of all countries currently face a backlog, especially those from India (12 years) and China (11 years).
How Much Does an Employer-Sponsored Green Card Cost?
Most US employers sponsor foreign workers through permanent labor certification, commonly known as PERM. The specific costs vary based on the circumstances surrounding the business, the foreign worker, and the job position. Be aware that the employer is required to pay all the costs of the PERM process, including:
Filing fees: Currently, there are no fees associated with filing a PERM application through the Department of Labor (DOL). However, employers must also file Form I-140 with United States Citizenship and Immigration Services (USCIS) for a $700 fee as of 2022.
PERM job advertisements: The employer must pay the advertising costs to post the job opportunity.
Legal fees: Due to the complexities of the PERM process, working with an immigration lawyer is highly recommended. It’s essential that the employer, not the employee, work with an attorney and manage the sponsored application process. Lawyers’ fees vary, but an employer can expect to pay thousands of dollars.
Prevailing wages: US immigration law requires employers to pay foreign workers at or above the prevailing wage for the job position in the area. There are no exceptions to this rule.
An employee’s immediate family members can obtain green cards as derivative beneficiaries, but the employer is not obligated to sponsor them.
Hire an Immigration Lawyer to Begin the Process
For help sponsoring a foreign employee’s permanent residency, please reach out to Hurtubise Weber Law LLP. We can help you successfully navigate the process for the best possible results. Call us today at (415) 413-8760 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, California.
