The employer must pay for the PERM labor certification and may not shift that cost to you. Workers normally pay for their own medical exam, visa fees and documents. Being asked to pay PERM or recruitment fees is a red flag.
Money is where many EB-3 applicants from Taiwan, Hong Kong and mainland China get hurt, so it is worth being clear. The short answer: the employer pays for the labor certification, and you pay for the things that belong to you personally. Any agency or employer that asks you to pay for the labor certification itself is asking for something U.S. regulations do not allow. Costs and fee amounts change, so this article does not list dollar figures; check current government fees on the official pages linked below.
What the employer must pay
Under 20 CFR 656.12(b), an employer must not seek or receive payment of any kind from the worker for activities related to obtaining labor certification, including payment of the employer's attorneys' fees, whether as an incentive or as a reimbursement. In practice, that means the employer bears the cost of the PERM stage:
- The attorney and preparation work for the labor certification
- The U.S. recruitment, such as advertising and the job order
- Preparing and filing the prevailing wage request and Form ETA-9089
The employer must also offer at least the prevailing wage once you start the job. Because this rule is in the regulations, "you share the PERM cost" or "you reimburse the employer later" is not an acceptable arrangement.
Why the rule exists
Labor certification is meant to show that a job is genuinely open to U.S. workers first. If the foreign worker is quietly paying for the process, the employer has less reason to treat the recruitment seriously, and the worker can be pressured, since leaving would mean losing money already paid. The rule protects you for exactly that reason. It also means that an offer that sounds too good because "everything is free" should still be checked, and a demand for payment that is "just a deposit" should be treated as a warning.
What workers typically pay
These costs belong to you as the applicant, and the amounts vary by country, family size and the route you take:
- The medical examination by an approved physician
- Immigrant visa application and immigrant fee, or adjustment of status fees if you are already in the U.S.
- Police certificates, civil documents and certified translations
- Passport photos, travel to the interview and moving to the U.S.
- Fees for each family member who immigrates with you
Who pays the I-140 filing fee and the attorney's fees for the later stages should be agreed in writing before you start. Ask the employer's attorney to explain this to you in plain language. Our earlier cost guide lists the split in more detail.
Red flags
- You are asked to pay "PERM fees", "recruitment fees", "labor certification fees" or "a deposit to hold the job"
- Someone sells you "a guaranteed visa slot" or a fixed approval date
- You are asked to pay in cash, by transfer to a personal account, or by cryptocurrency
- There is no written agreement that lists every fee before you pay
- You are told to keep the arrangement secret from the employer's attorney
An agency may charge a fee for its own services, such as case management or document support, if the service is genuine and the fee is written in a contract that you understand. What it cannot do is charge you for what the employer must pay, however the charge is described.
What to do if you are asked to pay
Stop and do not pay. Ask for the request in writing. Ask the employer's attorney of record, whom you should be able to contact directly, whether the employer is paying for PERM. You can report suspected immigration scams to the relevant authorities, including USCIS, and you may wish to consult an independent immigration attorney. If you want a second opinion on a fee request, contact us, and read our guide on telling a real employer from a scam.
Official sources
- 20 CFR 656.12, Improper commerce and payment
- USCIS, Filing Fees
- U.S. Department of State, Fees for Visa Services
More articles
- October 2026 Visa Bulletin: what it means for EB-3 Other Workers
- EB-3 unskilled costs: what the employer pays and what you pay
- Born in Taiwan or Hong Kong? How country of birth affects your EB-3 wait
- Who qualifies for EB-3 Other Workers (unskilled) sponsorship?
- PERM labor certification, step by step: what happens and who does what
- Real EB-3 employer or scam? How to check before you pay anything
- EB-3 unskilled jobs: typical duties, how wages are set and how to read a listing
- Can my spouse and children come too? How EB-3 family members are included
- Consular processing or adjustment of status: which route applies to EB-3 workers abroad?
- The immigrant visa medical exam and interview: what to expect and what to bring
- Living costs by state: how to think about rent, transport and food on an EB-3 wage
- Can I change jobs after the green card? The intent-to-work principle and job portability
- If your EB-3 employer withdraws or goes out of business: what happens and what to do
- English and job training for EB-3 unskilled workers: what you need and how to prepare
- Your rights as a green-card worker in the US: minimum wage, overtime, safety and where to complain
- Why EB-3 cases get delayed or refused: common reasons and what you can control
- EB-3 vs EB-2: what changes if your qualifications go up, and what happens to your priority date
- Warning signs in recruiter promises: what to question before you pay or travel
- Your first 90 days in the U.S. after arriving on an immigrant visa