Green Card Agreement Previous Employer

[Karthik P]

I had an agreement with my previous employer, which states that I would have to pay the expenses incurred for my immigration if I were to voluntarily resign the job within 3 years from the date of the agreement i.e. Aug 11, 2011. I have my I 140 approved in 2012 and I got a new job last month. Now they sent a notice asking me to pay a hefty amount of $7,295 towards my immigration expenses. They even withheld my last paycheck towards these charges. Is it legal for my employer to demand all the fees that they spent towards my immigration specifically the first 2 stages of GC PERM process?

 

[rahul412]

 

 Is it legal for my employer to demand all the fees that they spent towards my immigration specifically the first 2 stages of GC PERM process?

 

That's completely ILLEGAL, and holding your pay is also ILLEGAL. You need to file a complaint against that FRAUD employer.

[JoeF]

The employer has to pay for all expenses related to the PERM LC, including lawyer expenses. The employer can under no circumstances ask the employee for this money. That's in the law.

The costs for I-140 and I-485 can be paid by the employee.

[t75]

Have the contract and the demand reviewed by an attorney. While it may be illegal, there may be valid contract provisions. No one on a forum is qualified to make a definitive judgment. It requires a licensed attorney in the appropriate jurisdiction.  Whether moneys due the employer can be debited from money due to you when you terminate your job with him is also a matter for the attorney to review.

 

You should NEVER agee to something  that you do not intend to honor. If you had told the employer you would not, you would not be in the GC line at all. You should have all contracts (employment documents) reviewed by attorney before signing. Since you apparently agreed to this, I would not trust your assessment of the situation at this time.

 

Get out your checkbook; you are going to need it for the attorney.

[Karthik P]

I asked for a breakdown of the costs and here is the list sent by my employer;

 

2013

 

H1-B extension training fee of $1500

H1-B extension premium processing fee of $1225

H1-B extension application fee of $325

H1-B extension legal fee of $1000

 

2012

I-140 petition filing fee of $475. 

 

2011

PERM Labor application of $1750

I-140 application of $1000 

[rahul412]

It's clear, your fraud employer is asking the immigration fee which is ILLEGAL. You need to file a complaint against that employer, can you??

 

BTW what is this 'H1-B extension training fee'??

[Karthik P]

is it legal to charge the employee for the above mentioned expenses?

[JoeF]

I asked for a breakdown of the costs and here is the list sent by my employer;

 

2013

 

H1-B extension training fee of $1500

H1-B extension premium processing fee of $1225

H1-B extension application fee of $325

H1-B extension legal fee of $1000

 

2012

I-140 petition filing fee of $475. 

 

2011

PERM Labor application of $1750

I-140 application of $1000 

 

The employer absolutely has to pay for PERM. That's the law.

A large part of the H1 fees also per law has to be paid by the employer.

 

See http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#fraud_pro_pay2

and http://www.gpo.gov/fdsys/pkg/CFR-2008-title20-vol3/xml/CFR-2008-title20-vol3-sec655-731.xml