As a British immigration lawyer, I often get asked “How much does it cost to sponsor a green card?” The green card application process is complex and involves various fees. Here are the main costs associated with sponsoring a green card:
Government Filing Fees
The employer must pay government application fees, which are mandatory as the U.S. Citizenship and Immigration Services (USCIS) relies primarily on these fees to operate. As of April 1, 2024:
There is currently no fee for the PERM labor certification application
The fee for the I-140 Immigrant Petition is $715
The fee for the I-485 Adjustment of Status application is $1440 (only applicable for applicants inside the U.S.)
Additionally, the following fees may apply:
I-765 Application for Employment Authorization: $260
I-131 Application for Travel Document: $630
Biometric services (fingerprints and photo): $85
Advertising Costs
The employer must conduct a series of recruitment advertisements to prove that no qualified U.S. workers applied for the position. These advertising costs are borne by the employer.
Legal Fees
Due to the complexity of the PERM process, employers are strongly advised to hire an immigration lawyer. Legal fees can range from hundreds to thousands of dollars, depending on the case’s complexity.
Prevailing Wage
U.S. immigration law requires employers to pay foreign workers at least the prevailing wage for the job location. Employers must obtain the prevailing wage from the Department of Labor at the start of the sponsorship process to prove they can pay the required wage.
Costs for Dependents
Employers are not required to pay green card fees for the foreign worker’s immediate family members (spouse and children under 21). They can obtain green cards as derivative beneficiaries.
Other Potential Costs
In addition to the above fees, employers should consider the actual costs of employing the foreign worker, such as:
- Relocation expenses
- Onboarding support costs
- Training expenses
In summary, sponsoring a green card involves significant costs, from government application fees to legal and professional fees, and the actual costs of employing the foreign worker. The specific costs for each case vary depending on the company, foreign worker, and job position. Employers should consult with an immigration lawyer before starting the sponsorship process to understand all relevant costs and be financially prepared.
Eligibility Requirements for Sponsoring a Green Card
To sponsor a green card, the employer must meet certain eligibility requirements:
- Be a U.S. citizen or lawful permanent resident (green card holder)
- Be at least 18 years old
- Live in the U.S. or its territories
- Meet the minimum income requirements (see below)
Once the eligibility requirements are met, the employer can sponsor a spouse, child, friend, or employee.
Minimum Income Requirement
To become a sponsor, the employer must meet the financial requirements outlined in the HHS Poverty Guidelines for Affidavit of Support, which are updated annually:
1. A green card sponsor generally needs an income of at least 125% of the federal poverty line based on household size.
2. Active military personnel petitioning for a spouse or child must have an income of at least 100% of the poverty line.
These income requirements prevent the immigrant from becoming a “public charge,” meaning the sponsor will be responsible for reimbursing the federal or state government for any public benefits used by the immigrant.
see also: How Long Does It Take to Get a US Green Card?
Types of Employment-Based Green Cards
There are several types of employment-based green cards, each with its own requirements and costs:
EB-1
EB-1A applicants demonstrate extraordinary ability in a specific field and do not require employer sponsorship.
EB-1B applicants include outstanding researchers and professors with national acclaim.
EB-1C applicants include executives and managers of foreign companies.
EB-2
The job must require an advanced degree (e.g., MBA, PhD).
The employer must attempt to recruit a U.S. citizen or green card holder first.
A candidate can apply without a sponsor if they can show that their employment is in the national interest of the U.S.
Citizens from India and China currently face a four- to nine-year backlog.
EB-3
The job must require a four-year degree or equivalent.
The employer must attempt to recruit a U.S. citizen or green card holder first.
Citizens of all countries currently face a backlog, especially those from India (12 years) and China (11 years).
Conclusion
Sponsoring a green card can be a complex and costly process for employers. By understanding the various fees, legal requirements, and income thresholds, employers can make informed decisions and prepare for the financial obligations involved. Consulting with an experienced immigration lawyer is highly recommended to navigate the sponsorship process successfully and increase the chances of a favorable outcome.
