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Attorney_22

Employer’s Ability to Pay in the Green Card Process

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This week, Murthy Law Firm attorneys will answer questions regarding an employer’s ability to pay obligation and how, as a beneficiary of a labor certification, you need to be aware of these issues.       

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1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
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Hi,

Generally employers push one to be working for one year for them to apply for a GC for EB-2/3 categories in IT/Tech jobs. This does not make sense to me for two reasons:

1. It takes roughly a year just to complete the PERM and file the immigration AOS

2. If we consider the total cost of the tech employees for just a few months, GC cost is peanuts. I understand its not more that a 3-4 thousand dollars for vanilla cases. 

But these are not arguments I can provide to the employer. The first one is about time and they always push back saying it takes decades anyways for countries like India. The second one is about money and cheapens the argument.

So what are the best arguments that I can make to employers to process it as soon as we join them?

It seems awkward to make the moral arguments along the lines of "This is equivalent to indentured servitude" as it is not exactly that. You are getting something in return.

So far I have come up with the argument: 

"I want to work worry free and stay as long as possible with your organization. Given the current immigration environment it adds a lot of instability to that."

 

Could people contribute more arguments that are cogent and well thought out?

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If the employer really wants you there won't be any arguments. So, be good at your job.

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On 4/11/2019 at 11:12 PM, karthik2211 said:

Hi , 

If my employer pays for the GC processing and inturn if I had to sign a contract with them , is that leagal to sign the contract terms ?

I can only address the immigration law related aspect of your question: The employer is required to pay for all costs associated with the labor certification portion of your green card. 

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