Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

Can my company insist I pay for my own L1?

Can my company insist I pay for my own L1?

Old Feb 14th 2013, 6:01 pm
  #1  
Just Joined
Thread Starter
 
Joined: Feb 2013
Posts: 2
johnwp is an unknown quantity at this point
Default Can my company insist I pay for my own L1?

Hi All,

I'm a British expat living and working in the US on an L1 visa. My Green Card application is in process, but may not be complete before my current L1 expires. The company I work for is asking me to pay the costs to renew the L1 if that becomes necessary.

Does anyone know if that is legal? I would have thought the sponsoring company should be responsible for the costs. If it's not, are you able to point me to any official documentation which states this?

Many thanks
johnwp is offline  
Old Feb 14th 2013, 6:14 pm
  #2  
BE Enthusiast
 
Joined: Oct 2010
Location: Boston
Posts: 707
DavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond repute
Default Re: Can my company insist I pay for my own L1?

Originally Posted by johnwp View Post
Hi All,

I'm a British expat living and working in the US on an L1 visa. My Green Card application is in process, but may not be complete before my current L1 expires. The company I work for is asking me to pay the costs to renew the L1 if that becomes necessary.

Does anyone know if that is legal? I would have thought the sponsoring company should be responsible for the costs. If it's not, are you able to point me to any official documentation which states this?

Many thanks
Your company are legally responsible for the petition of the L1 and its extension. They must therefore pay the application and legal fees.

However......Im not sure as to if it is illegal to recoup said costs from you after the fact, maybe with monthly deductions from your paycheck. Someone else will be able to tell you if that is the case.
DavidLemon is offline  
Old Feb 14th 2013, 6:38 pm
  #3  
Passport Collector
 
Joined: Jan 2007
Location: Princeton, NJ
Posts: 725
dreamercon has a reputation beyond reputedreamercon has a reputation beyond reputedreamercon has a reputation beyond reputedreamercon has a reputation beyond reputedreamercon has a reputation beyond reputedreamercon has a reputation beyond reputedreamercon has a reputation beyond reputedreamercon has a reputation beyond reputedreamercon has a reputation beyond reputedreamercon has a reputation beyond reputedreamercon has a reputation beyond repute
Default Re: Can my company insist I pay for my own L1?

Originally Posted by DavidLemon View Post
Your company are legally responsible for the petition of the L1 and its extension. They must therefore pay the application and legal fees.
Any authority you can cite for this? Note that this is an L1 petition, not an H1.
The company may be liable for partial fees such as the anti fraud fee as per INA 214.

Last edited by dreamercon; Feb 14th 2013 at 6:40 pm.
dreamercon is offline  
Old Feb 14th 2013, 7:34 pm
  #4  
Mouthy Yank
 
Speedwell's Avatar
 
Joined: Oct 2012
Posts: 2,229
Speedwell has a reputation beyond reputeSpeedwell has a reputation beyond reputeSpeedwell has a reputation beyond reputeSpeedwell has a reputation beyond reputeSpeedwell has a reputation beyond reputeSpeedwell has a reputation beyond reputeSpeedwell has a reputation beyond reputeSpeedwell has a reputation beyond reputeSpeedwell has a reputation beyond reputeSpeedwell has a reputation beyond reputeSpeedwell has a reputation beyond repute
Default Re: Can my company insist I pay for my own L1?

All the information I have leads me to believe that the applicant pays. If the company applied to bring you over, they pay. If you apply yourself, you pay. This only applies to who pays the government agencies, though. It isn't going to be illegal for the company to request you to reimburse them, though they can't require it as a condition of the visa, because by applying for the visa they are basically saying your visa is necessary for them to do business. They can't have your visa canceled on the grounds that you didn't reimburse them.
Speedwell is offline  
Old Feb 14th 2013, 8:46 pm
  #5  
Lost in BE Cyberspace
 
Boiler's Avatar
 
Joined: Mar 2004
Location: Colorado
Posts: 33,691
Boiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond repute
Default Re: Can my company insist I pay for my own L1?

I thought it was only H that had those rules, sounds like you negotiating position is iffy.
Boiler is offline  
Old Feb 15th 2013, 1:31 am
  #6  
Forum Regular
 
digbydog's Avatar
 
Joined: Jun 2008
Location: NJ for work..... Hawaii and Marbella for fun.....
Posts: 131
digbydog is a name known to alldigbydog is a name known to alldigbydog is a name known to alldigbydog is a name known to alldigbydog is a name known to alldigbydog is a name known to alldigbydog is a name known to alldigbydog is a name known to alldigbydog is a name known to alldigbydog is a name known to alldigbydog is a name known to all
Default Re: Can my company insist I pay for my own L1?

It is not a question if it is legal or not. The very fact your company is quibbling about paying the renewal costs should be a big red flag to you.

You say you are on the way to getting a green card which I assume is on the back of your L1 and not too far away in the future. If you want to stay in the USA then do the math and suck up the costs.

You know what to do when your green cards are approved....

Good luck
digbydog is offline  
Old Feb 15th 2013, 2:40 am
  #7  
Bob
BE Site Lead
 
Bob's Avatar
 
Joined: Aug 2004
Location: MA, USA
Posts: 91,812
Bob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond repute
Default Re: Can my company insist I pay for my own L1?

Originally Posted by DavidLemon View Post
Your company are legally responsible for the petition of the L1 and its extension. They must therefore pay the application and legal fees.
With a H1 at least, the company can ask you to pay the premium processing and the legal fees, but the petition is on the company.

Either way, if the company is asking, they're in shaky ground and it's never a good sign of stability.
Bob is offline  
Old Feb 15th 2013, 11:42 am
  #8  
BE Enthusiast
 
Joined: Oct 2010
Location: Boston
Posts: 707
DavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond repute
Default Re: Can my company insist I pay for my own L1?

Sorry OP. I got my H and L mixed up. Disregard my comments I was wrong
DavidLemon is offline  
Old Feb 15th 2013, 2:05 pm
  #9  
Just Joined
Thread Starter
 
Joined: Feb 2013
Posts: 2
johnwp is an unknown quantity at this point
Default Re: Can my company insist I pay for my own L1?

Thanks for all the advice.

There has been lots of changes in senior management since I took the position, and to say I don't always see eye to eye with the new regime would be an understatement. I fully recognise that being asked to pay for my extension isn't a good omen. I will do as @digbydog suggested; keep my head down, and rethink my position when the Green Card comes through.

Thanks again.

Last edited by johnwp; Feb 15th 2013 at 2:07 pm.
johnwp is offline  
Old Feb 15th 2013, 4:02 pm
  #10  
Forum Regular
 
Joined: Dec 2009
Posts: 102
BostonBrit Expat Since 03 has a brilliant futureBostonBrit Expat Since 03 has a brilliant futureBostonBrit Expat Since 03 has a brilliant futureBostonBrit Expat Since 03 has a brilliant futureBostonBrit Expat Since 03 has a brilliant futureBostonBrit Expat Since 03 has a brilliant future
Default Re: Can my company insist I pay for my own L1?

I have seen Numerous L1s, and have NEVER heard of a company asking someone to pay for any part of this...the company has transferred you for a reason surely? so they must be prepared for the cost?

Are you paying for the GC which is by far the more expensive process....if not why are the haggling over a few hundred bucks??

What GC category and stage are you in? as it sounds like they may start to rethink that soon.......goodluck!

Last edited by BostonBrit Expat Since 03; Feb 15th 2013 at 4:05 pm. Reason: question
BostonBrit Expat Since 03 is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.