EB-3 Costs: Who Pays for PERM and What to Check Before Paying

Editorial illustration: reviewing itemized expenses and written terms before an EB-3 payment.

An EB-3 quotation may arrive as one large number, but the underlying expenses do not all follow the same rules. Before comparing prices, ask what each charge covers, who receives it and why you are being asked to pay. This matters especially for PERM, the employer's permanent labor certification process.

The essential distinction: an employer generally cannot recover its PERM-related costs from the sponsored worker. That does not mean every personal expense throughout immigration must be paid by the employer. Separate the stages, identify the actual service and obtain advice when a charge is unclear. This guide concerns payment checks, not a determination that a particular person's visa can currently be issued.

1. Separate the process before comparing quotations

For the ordinary EB-3 Other Worker route, labor certification, the employer's I-140 immigrant petition and the immigrant visa application are different steps. USCIS describes Other Workers as workers performing qualifying nontemporary, nonseasonal work requiring less than two years of training or experience. A payment agreement cannot replace the employment and immigration requirements.

Ask for a quotation organized by stage. Identify employer-side PERM work separately from later petition work, visa processing, your own independent advice, translations, medical examinations and travel. Do not assume every item applies to every family or that every listed cost may lawfully be charged to you. A useful budget states both the expense and the proposed payer.

For applicants living in Korea, record the billing currency as well. A quotation in dollars and an invoice in won are hard to reconcile without an exchange-rate date and conversion method. For payments involving Bangladesh, keep the original transfer record alongside the translated explanation. These are recordkeeping recommendations, not additional immigration filing requirements.

2. Understand the PERM payment restriction

Under 20 CFR 656.12, an employer must not seek or receive payment for activity related to obtaining permanent labor certification, including its attorney's fees. The rule addresses both incentives to file and reimbursement of preparation or filing costs. DOL's explanatory guidance includes recruitment costs in this restriction.

The regulation also prohibits buying or selling labor certification applications and approved certifications. It contains a narrow exception for a qualifying third party with an established business relationship with the employer that benefits from the worker's services. This is not a general permission for the sponsored worker to reimburse the employer. A claimed exception requires careful legal assessment.

Payment is broader than an upfront bank transfer. The rule includes wage or benefit concessions, deductions and free labor. Moving reimbursement to a later date or describing it as a service package does not answer whether it is permitted. Ask what the money actually funds. These are existing regulatory provisions, not a newly announced proposal.

3. Distinguish your own advice from the employer's lawyer

The same regulation allows a worker to pay their own costs, including separate legal representation, but makes an important distinction: when the same attorney represents both worker and employer in the labor certification process, the relevant costs must be borne by the employer. Ask whose interests the lawyer represents and which stage the engagement covers.

A lawyer reviewing your personal circumstances independently is different from the employer's lawyer preparing its PERM case. Nevertheless, the words “personal legal fee” on an invoice are not enough to establish the distinction. Request the engagement terms, a description of the work and an explanation of any employer-side services included. If the arrangement is mixed, obtain clarification before paying.

The PERM restriction should not be treated as a complete answer about I-140, consular or other later-stage expenses. Those items need their own assessment under applicable rules and agreements. Likewise, a consulting contract does not automatically make every charge lawful. Clear itemization helps identify questions; it does not substitute for reviewing the substance of the arrangement.

4. Check government fees against official instructions

Separate government charges from professional service fees. For USCIS filings, consult the official fee schedule and the relevant form instructions when payment is due. For visa processing, use the Department of State fee page and your case instructions. An old screenshot or another family's invoice is not a reliable current quote.

The State Department explains that applicable immigrant visa fees are charged for each intending immigrant regardless of age and are nonrefundable. It also tells applicants to follow NVC instructions about where and when to pay. This does not mean a consultant's entire package is automatically nonrefundable: private service charges and government payments are different categories.

Medical examinations, document preparation and travel may involve separate providers. Ask whether the quotation includes them and how family members are counted. Keep a separate line for estimated costs whose amount is not yet confirmed. This guide deliberately avoids a single “total EB-3 price,” because an unexplained total conceals differences in scope, family circumstances and payment responsibility.

5. Make the contract useful when plans change

A payment schedule should identify a specific service or documented stage. “Second payment when processing advances” leaves too much unclear. Ask what evidence triggers that installment, who supplies it and what happens if the event does not occur. A milestone in a contract is not a government promise about when a decision will arrive.

Read cancellation and refund provisions before signing. Ask separately about work already completed, services not yet delivered and third-party expenses already paid. Request the procedure, documents and timeframe for reviewing a refund request. The answer depends on the agreement and applicable law; neither a refund slogan nor a blanket disclaimer settles every situation.

If the employer withdraws, a job changes or additional work is proposed, ask for a written explanation of the immigration consequences and the new service scope before accepting another charge. Do not assume an earlier payment buys an interchangeable job or transferable approval. Have a qualified U.S. immigration lawyer assess the case implications and obtain appropriate advice about any contract dispute.

6. Use a short payment review checklist

Purpose: What exact work or government charge does this payment cover?
Recipient: Which legal entity receives it, and does the account match the invoice?
Responsibility: Why is this cost assigned to you, particularly if it concerns PERM?
Evidence: What invoice, receipt or completed work will you receive?
Change: What happens if the service stops, changes or is not delivered?

Keep agreements, invoices, transfers and explanations together in date order. Save the original version when terms change. If a bill says only “processing fee,” ask for a breakdown rather than guessing its purpose. If you have already paid a questionable charge, preserve the records and seek advice; do not alter documents or sign an inaccurate explanation to make the file look consistent.

Frequently asked questions

Does the employer have to pay every EB-3 expense?

No. The PERM restrictions do not establish a universal rule for all personal, petition, visa and relocation expenses. Each item needs a clear purpose and a lawful allocation.

Can PERM reimbursement be deducted after I start work?

Deferring payment does not remove the restriction. The regulation expressly includes wage and benefit concessions. Have any repayment clause reviewed before agreeing to it.

Is a government receipt proof that the whole package is acceptable?

No. It supports the particular government payment it records. It does not establish that unrelated consulting charges, employer reimbursements or refund terms are lawful.

Should I pay an extra charge described as a guaranteed approval fee?

A private payment cannot guarantee a government decision. Ask for the actual service, legal basis and written terms. Seek independent advice if the explanation remains unclear.

What should I bring to a cost consultation?

Bring the quotation, signed agreement, invoices, receipts and a brief case-stage summary. Mark the specific charges you do not understand. Share sensitive records through an agreed private channel.

Official sources and checked date

Checked: October 22, 2026. This is general information, not a ruling on an individual contract, eligibility or visa issuance. Rules and case-specific instructions should be rechecked before payment.

Discuss your preparation with GVS

Read our EB-3 service information and NVC document preparation guide for residents of Korea. If you would like to discuss your preparation and identify questions for legal review, contact GVS with a short summary of your circumstances.