How Can an Employer Help an Employee Through the Immigration Process?
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed September 23, 2026
Legal Inquiry
Consumer Legal Issue
Are there ways for employers to help employees through the immigration process?
Attorney Answer
Yes, within limits. An employer can arrange confidential consultations, provide accurate employment and payroll records, allow appointments under a consistent leave policy, and sponsor an eligible employment-based petition. Keep the company's lawyer and the worker's lawyer distinct, or document the dual representation carefully.
For a PERM labor certification, the employer must bear its own costs, including its attorney's fees; 20 C.F.R. § 656.12(b) also says that 'where the same attorney represents both the alien and the employer, such costs shall be borne by the employer.' A Nebraska employer that shifted its PERM fee to the worker had to repay it (Sedighi v. Schnackel Engineers). If the company pays for a worker's own immigration lawyer, Utah's third-party-payer rule applies: the worker must give informed consent, the lawyer's judgment must stay independent, and the worker's confidences stay protected (Utah SCRP 3-1.08(f)). No reported case treats an employer paying for a worker's independent counsel as harboring.
Do not promise legalization, do not charge recruitment or petition costs back to workers, and do not single out workers for extra document demands by nationality or accent (8 U.S.C. § 1324b; 8 C.F.R. § 274a.1(l)(2)).
Cases Cited
Published decisions relevant to this issue, provided as legal background rather than advice about any particular case.
- Sedighi v. Schnackel Engineers, 317 Neb. 890 (2024) — Nebraska Supreme Court
An employer that shifted its PERM attorney fee to the worker had to repay it; the court applied 20 C.F.R. § 656.12(b).
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Federal Immigration Resources
- Visit U.S. Citizenship and Immigration Services (USCIS) to check case status, forms, and official immigration guidance.
- Visit Executive Office for Immigration Review (EOIR) to find immigration court information and hearing details.
- Visit ImmigrationLawHelp.org to find nonprofit immigration legal-service providers near you.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
Who pays the costs of a PERM labor certification?
The employer. Under 20 C.F.R. § 656.12(b) an employer may not seek or receive payment for labor-certification costs, including its attorney's fees, and where the same attorney represents both the worker and the employer, the employer bears those costs.
Can a company pay for an employee's own immigration lawyer?
Yes, if it is structured correctly. Utah's rule on third-party payment of fees requires the employee's informed consent, no interference with the lawyer's independent judgment, and protection of the employee's confidential information.
Can an employer ask immigrant workers for extra documents to be safe?
No. Singling out workers for additional document demands because of nationality or accent is prohibited document abuse under 8 U.S.C. § 1324b, and knowledge of status may not be inferred from appearance or accent.