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Re: CTO School list: "Paying for Green Card sponsorship"

From: vijay v.
Sent on: Tuesday, September 17, 2019 1:53 PM
This one hits close to home. I am in this country solely because a company took a chance on me, and decided to sponsor me. The H-1 visa is a bit easier now, than it was then but the difficulty remains. 

The previous replier is spot on. The company is supposed to file for the process and bear the costs of the same. It is not uncommon though, especially at smaller companies, to file and ask to split the costs with the candidate. These are questionable practices and unethical at best. However, it might be fair to include this as part of an overall compensation discussion since it does represent an investment in the employee, not as zero-sum, but to draw the employee's attention to the investment being made. There is a point in the process after which the employee can file for the last part in the process, the status change, on their own and isn't bound to the company at that point and can switch employers. It is common for the applicant to pay for that themselves, especially if switching employers. 

For both the visa and GC application, there are some local advertisements that you're supposed to place, in a visually conspicuous location, that might cause some consternation, especially if there are pay discrepancies. The exact wording may have changed since my time but the requirement still holds I believe. 

If you really like the employee, and they've proved themselves, it's a great retention and career investment vehicle. If nothing else, you get their loyalty for closer to 3 years, instead of the 12-18 months as is current, and their gratitude for even longer, just be prepared to file documents and letters as needed.  A good lawyer helps navigate all of this. Depending on their seniority and if perm is available, parts of the process are very fast. 

Good luck,
Vijay

On Tue, Sep 17, 2019 at 11:31 AM Joe Mellet (Meetup) <[address removed]> wrote:
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Joe Mellet (Member) sent a message to the CTO School mailing list
Re: CTO School list: "Paying for Green Card sponsorship"
Steve,
I'm not sure about Green Cards, but companies are legally required to pay any filing fees associated with an employee / potential employee applying for a work visas (e.g., H1B). There are additional requirements for visas like minimum salary (H1B is in the 50-55K range, last I checked), preferential treatment for certain types of jobs and degrees (candidates with STEM jobs and degrees are more likely to get approved ), etc. You should definitely speak with an immigration attorney before moving forward. 

Best,
Joe

On Tue, Sep 17, 2019 at 9:46 AM Jean Barmash (Meetup) <[address removed]> wrote:
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Jean Barmash (Organizer) sent a message to the CTO School mailing list
Re: CTO School list: "Paying for Green Card sponsorship"
I am not a lawyer, but from being involved in these before, the company has to pay for it, full stop. 

Thanks,

Jean


Jean Barmash (LinkedIn)
Co-Founder & Organizer,  CTO School Meetup
VP Engineering, Komodo Health - Big Data / ML Products.  Hiring for many roles in NY & SF.



On Tue, Sep 17, 2019 at 10:43 AM Steve Saporta (Meetup) <[address removed]> wrote:
Meetup
Steve Saporta (Member) sent a message to the CTO School mailing list
Paying for Green Card sponsorship
Hi all,

I have an employee who's interested in the company sponsoring him for a Green Card. I understand the legal costs and filing fees can be in excess of $10,000. I'm curious whether this is usually paid by the company, the employee, or shared between them. And perhaps it's different for large vs small companies. If anyone has experience with this, it would be great to hear about it.

Thanks,

Steve Saporta
CTO
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