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  • Green Card Sponsorship Practices

    I work for an IT company that actively supports the H1B program.

    We are trying to develop a policy regarding green card sponsorship of H1B visa holders.

    Does anyone know or have a guess as to:

    1. Typical timeframes before H1B holders are offered sponsorship by their company.

    2. How much of the green card process (lawyers fees etc.) are paid by the company.

    3. Refund policy. For example if the company starts to sponsor a worker and they quit, is the worker required to repay any of the prior processing fees paid by the company.

    I would be thankful for any feedback.

  • #2
    I work for an IT company that actively supports the H1B program.

    We are trying to develop a policy regarding green card sponsorship of H1B visa holders.

    Does anyone know or have a guess as to:

    1. Typical timeframes before H1B holders are offered sponsorship by their company.

    2. How much of the green card process (lawyers fees etc.) are paid by the company.

    3. Refund policy. For example if the company starts to sponsor a worker and they quit, is the worker required to repay any of the prior processing fees paid by the company.

    I would be thankful for any feedback.

    Comment


    • #3
      It has taken our company over a year so far to sponsor two people. We have gone through all the steps and submitted all the forms but are still waiting for approval. Our company has paid none of the fees, because there is no guarantee that the people will stay on with us. We have paid for the advertisements we posted trying to recruit Americans, as required by INS, but none of the other fees. I think that the worker should be required to repay the company if he/she quits during the process. This is a long and expensive process for which the employee should be responsible. Just my opinion, but I think the company must be protected. The immigration attorney who has walked us through the maze of forms and regulations has told us that we're in the "hurry up and wait stage". We're just waiting for word from INS.

      Comment


      • #4
        It's a lengthy process mainly due to the backlog in INS. There are really two steps in the employment based GC process, first is the I-140, which is what requires the company to be the sponsor, once this is approved (6 to 12 months these days), it's up to the employee to decide whether he/she wants to adjust his status to permanent resident in the US (12 to 36 months), or go outside of US to get the visa stamp and come back as a permanent resident. Most of the time there's no more things to do for an employer in the 2nd step, other than maybe an employment verification letter if INS wants to see if the employee is still being employed.

        There're generally 3 different ways companies handle the process:

        1. Company provides necessary documents, and let the employees find their own lawyers. Company may pay some, full, or nothing at all.

        2. Company provides necessary documents, and negotiate a deal with a law firm, and let the employees deal with the law firm directly. Company may pay some, full, or nothing at all. The cost (whether to the employer or employee) may be lower, and document requirements are consistent.

        3. Company handles and pays for everything. Employee does not communicate directly with the law firm. Company may have a clause saying if the employee quits during the process, all legal fees has to be repaid.

        No one way is better or worse, it al depends on your company's culture and situation. The worst I think is that you're committed to do this, but end up with bad services to the employees going through this painful process. The kind of experience is that if you do it, and do it well, the kind of job satisfaction and productivity gains from the foreign employees are well worth it.

        Good luck

        Comment


        • #5
          Can I have your Email Address?

          Comment

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