Human Resource Blog

Green Card Terms

	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

	Hiring and Staffing
Complete Business Forms Kit CD Form I-9 Employment Eligibility Verification Employment Application Long Form Substance Testing Consent Form Pre-Employment Reference and Background Check Employment Offer/Acknowledgment Receipt of Employee Handbook New Hire Survey

We have employees that are requesting that we sponsor their Green Card (aka Perm Process). Does anyone have an example of terms used to hold folks close to the organization after the process is complete (e.g. company X will sponsor and pay for the GC process, if you leave the organization within X amount of time after the process is completed, you will be required to pay back to the company the total cost of processing).

Sponsoring an employee for permanent resident status is a topic that is way, way too complicated for a simply online answer. But, here are some issues to consider.

Flexibility – The last thing an employer wants to do is lock himself (or herself) into a long-term relationship with an employee who proves to be disappointing. So while the employer should establish policies in writing, the employer should also reserve the right to change those policies at will. No employee should be promised, verbally or in writing, that the employer will continue to sponsor them indefinitely.

Waiting Period – Most employers will impose a waiting period of 2 to 3 years before sponsoring an employee for permanent immigration status. The  employer should also make it clear that sponsorship will not be continued for any employee whose performance is not good. It should be entirely up to the employer’s discretion.

It can take up to 5 years for an employee who is legally employed on a student or temporary visa to be approved as a permanent resident. The employer should have the right to withdraw sponsorship at any time, during that process.

Expense – Sponsoring an employee costs a minimum of $2,000 and can cost $10,000 or more if there are complications, or the employee has dependants. There needs to be a clear understanding up front of who will pay these costs.

Many employers are tempted to require that the employee pay these fees. However, that raises the question of representation.

It is very common for employers to pay for the costs of temporary or non-immigrant visa sponsorship. Usually, the employer splits the costs of the Green Card sponsorship with the employee. (Be aware that in some states these fees cannot be deducted from the employee’s paycheck, even when both parties agree.)

It is very common for employers to require a contract with the employee wherein the employer must be repaid all or a portion of the fees paid if the employee leaves the company for any reason within a certain period. Contracts commonly cover 5, 7 or 10 years.

An employer might be tempted to pay the worker less, to recoup expenses. However, that’s usually illegal discrimination – employers cannot legally make employment decisions, including salary and benefits, based on citizenship status (as long as the employee can legally work in the US.)

There is an additional, hidden cost to the employer of maintaining records required by the CIS or Citizenship and Immigration Service.

For some temporary visas, federal regulations govern how the fees may be split and prohibit the employer from collecting any penalties from the employee for quitting early.

Representation – Most of the time, the immigration attorney will be representing the employer to the CIS or the US Department of Labor. Therefore, even if the employee is paying all or most of the fee, it’s important that the employer have the right to approve or reject the attorney.

Some employers go so far as to specify which attorney an employee must use, or to provide a list of 3 approved immigration attorneys that the employee may use.

When an employer does not have the right of approval, the employee will often choose the cheapest attorney. That’s not always a good idea, when the attorney will be representing the employer to government agencies.

If the employer decides to go through with this, he will likely become very familiar with one or more immigration attorneys in the next few years. It’s wise to start the process off right by paying one of them to draw up a contract outlining the sponsorship agreement.

This is such a complex topic that we’d like to invite any HR pros with experience in this area – good or bad – to post comments.