1LAW Logo

How Can an Employer Help an Employee Through the Immigration Process?

Start a free AI-assisted chat and connect with an experienced immigration attorney, with no obligation.

JV

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.

*Attorney review is supported by AI-assisted drafting and legal research algorithms. Use of this Chat does not create an attorney-client relationship.

By using this service you agree to our Terms of Use and our Privacy Policy.

Federal Immigration Resources

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.

Privacy Policy Terms of Use Your Privacy Choices