> In situations where the employer pays for more or all of the Green Card sponsorship, it is common for the employer to have the right to "claw-back" all or a portion of what it has paid in the sponsorship process if the employee leaves his or her employment within some number of years.
> In the area of H-1B temporary visa sponsorship, CIS and Department of Labor (DOL) rules affect how costs can be shared.
> First, the DOL rules state if the employee is required to pay for the costs of immigration counsel, those costs are to be subtracted from the employee's salary to assess whether the salary meets the DOL's prevailing wage standard.
> Second, the CIS rules state that the company must pay the H-1B user fees (either $750 or $1,500 depending on company size) and H-1B filing fees ($190).
> Finally, the employer cannot impose any penalty on the employee for ceasing employment prior to an agreed date, although the employer is entitled to liquidated damages.
This are all from http://www.mbbp.com/resources/employment/immigration_sponsor... , which was the most comprehensive of what I came across.
> 1) The employer could ask for some reimbursement if it does not decrease your annual wage at the time of repayment to lower than the prevailing wage of the H1B visa. Also, they should not be asking you to return the H1B special filing fee or the fraud fee. Regarding the employer-sponsored green card process, it is against the law for the employer to have you reimburse them for attorney fees and advertising costs associated with the first stage, i.e., the PERM stage where the ETA 750 is filed with the DOL.
> 2) It depends on how the agreement is worded, among other factors.
These are answers from two different people at http://www.avvo.com/legal-answers/can-a-company-ask-you-to-p... .
> The law specifically prohibits employers from being reimbursed by the employee for certain immigration-related fees.
from http://forums.immigration.com/threads/can-an-employer-ask-fo...
All say that you/your friend needs to consult an immigration lawyer for details.
In the future I'd advise your friend to read over any contracts, and ask about anything you don't understand. Reading it over with a lawyer may also be beneficial. Your friend is in an unfortunate situation, but at this point it's probably too late to fix.
Otherwise companies would be paying for Green Cards endlessly.