U.S. law requires the employer to pay for PERM labor certification. Here is the full split of costs, and the warning signs that an agency is charging you for something it should not.
Cost is one of the first questions applicants ask, and one of the areas where they are most often misled. The key rule is set by the U.S. Department of Labor.
What the employer must pay
Under 20 CFR 656.12, the employer must pay the costs of preparing, filing and obtaining labor certification, and the worker may not reimburse them. That covers:
- Attorney and preparation fees for PERM labor certification
- Recruitment and job advertising in the U.S.
- The prevailing wage determination
The employer must also pay at least the prevailing wage for the job and location once you start work.
What you usually pay
- The agency's programme and case-support fee, set out in a written agreement
- The I-140 petition filing fee, where you and the employer agree you will pay it
- Immigrant visa fees if you apply from abroad, or adjustment of status fees if you are already in the U.S.
- The medical exam by an approved doctor, police certificates and certified translations
- Travel to your visa interview and relocation
Government fees change from time to time, so check the current amounts on the USCIS and State Department fee pages before you budget.
Warning signs
- You are asked to pay for PERM, recruitment or advertising
- Someone guarantees a green card or a fixed approval date
- You are asked to pay in cash or into a personal bank account
- There is no written agreement listing every fee before you pay
How we charge
Every fee is listed in writing before you pay. Payments are tied to government milestones, so you pay each stage only after the previous one is approved. If an employer withdraws, we re-match you with a new employer or refund the unused part of our service fee.
Official sources
- 20 CFR 656.12, Improper commerce and payment
- USCIS, Filing Fees
- U.S. Department of State, Fees for Visa Services
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