Upon departmental approval to sponsor a foreign national employee, NC State is only required to pay for the costs associated with the I-140 Immigrant Petition for Alien Workers, which is part of that process. The filing fee cost, for the I-140 process, is listed on the USCIS website, under Filing Fees, Fee Schedule. Please note that there is sometimes a premium processing fee of $2,500.
U.S. Citizenship and Immigration Services (USCIS) Fees
– Spending guidelines
Payment of USCIS fees is allowable if the fees are for paperwork required of the employer and not the employee. Allowable fees include payment for the I-129, the I-140, and the I-907. Payment for processing forms (for example, I-485, I-765, and I-539) required of the prospective employees are not allowable. The expediting fee for an H1B Visa may be paid from state funds if the salary source is state funds.
The very last step of the green card process in the U.S. is the I-485 petition and the filing fee of $1,225 which is paid by the employee directly, as this is their contribution to their own green card process. Departments most always do not reimburse this cost. If considering doing so, please note the following stipulations:
- It has to be treated as a taxable expense both to the unit and the employee.
- The unit has to complete the Non-Salary Compensation Form Revised and follow POL 05.15.03 – Non-Salary and Deferred Compensation – Policies, Regulations & Rules. This may require the Board of Trustees’ approval.
- The department is not allowed to pay the filing fee for any dependent family members.
The department/unit cannot pay for or reimburse any outside attorney fees or filing fees if the employee pursues a green card with their own immigration attorney instead of through the International Employment unit in UHR.
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