Legal Question in Immigration Law in California

Can my company charge me the fees for a green card application if I terminate employment? I think they can charge me for the I-140, but am I liable for all legal costs as well as costs of the PERM process? They want me to sign a document to this effect.

Segment from document:

"if, within one year following the day your permanent residence is granted, you

voluntarily terminate employment with Company or are terminated by the

Company for gross misconduct, you will be responsible for repayment of all

immigration expenses in full;"


Asked on 11/22/13, 1:49 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

U.S. Department of Regulations PROHIBIT this. The Employer is required to pay all expenses related to the labor certification case, including attorney's fees, filing fees & recruitment costs for the labor certification & I-140 petition.

Although I am not a civil attorney, & therefore cannot advise you on the enforceability of this contract, I can tell you that this clause is in violation of the USDOL regulations regarding labor certifications.

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Answered on 11/22/13, 4:00 pm


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