Who pays for PERM? It is a very common question at the moment an employer offers to start a green card, and the answers people get at work are not always correct. There is a specific federal rule on this, and it is stricter than most people assume.
As of October 31, 2026, this guide explains what the rule says, what workers may pay, and how the later stages differ.
- An employer must not seek or receive payment for any activity related to obtaining PERM.
- That includes the employer's attorney's fees.
- Payment includes wage concessions, deductions, kickbacks and free labor.
- A worker may pay their own costs, including their own attorney.
- If one attorney represents both worker and employer, the employer bears the costs.
- Violations can bring denial, revocation or debarment.
What does the rule say?
The employer cannot pass PERM costs to you. The regulation says "an employer must not seek or receive payment of any kind for any activity related to obtaining permanent labor certification, including payment of the employer's attorneys' fees, whether as an incentive or inducement to filing, or as a reimbursement for costs incurred in preparing or filing a permanent labor certification application" (20 CFR 656.12(b), eCFR).
The word payment is broad. "For purposes of this paragraph (b), payment includes, but is not limited to, monetary payments; wage concessions, including deductions from wages, salary, or benefits; kickbacks, bribes, or tributes; in kind payments; and free labor."
So an employer cannot avoid the rule by cutting your raise, taking money from your bonus, or asking you to work unpaid to make up for it.
What does the employer have to cover?
The cost of running the process. Under the regulation's language, that includes the employer's attorney and "any activity related to obtaining permanent labor certification." Recruitment is the obvious example: employers must advertise the job and test the market. Our guide to PERM step by step lists what the process involves.
What can a worker pay?
Your own costs, with a limit. "An alien may pay his or her own costs in connection with a labor certification, including attorneys' fees for representation of the alien, except that where the same attorney represents both the alien and the employer, such costs shall be borne by the employer" (20 CFR 656.12(b), eCFR).
That is the practical test. Ask who the attorney represents. In many PERM cases, the company's immigration attorney represents the employer, and may also represent the worker. If so, under the rule, the employer must bear those fees.
If you want your own separate attorney for your own advice, you may pay for that yourself.
Is there any exception?
There is one narrow one. An employer may accept payment where "work to be performed by the alien in connection with the job opportunity would benefit or accrue to the person or entity making the payment, based on that person's or entity's established business relationship with the employer." This covers a third party, such as a client, not the worker.
What happens if the rule is broken?
The consequences can reach everyone. The regulation says labor certifications "are not articles of commerce" and "shall not be offered for sale, barter or purchase by individuals or entities." It adds that evidence of an improper payment "shall be grounds for investigation" and "may be grounds for denial under" 656.32, "revocation under" 656.32, and debarment (20 CFR 656.12(c), eCFR). Our guide to PERM suspension and debarment explains what debarment means.
Why does a worker need to care? A denial or a revocation hits your case directly. A revoked PERM can also threaten your priority date: "the priority date of a petition may not be retained" if USCIS revokes the petition's approval because of revocation by the Department of Labor of the approved certification (8 CFR 204.5(e)(2), eCFR).
Are pay deductions different from a clawback agreement?
Both can be a problem, in different ways. A deduction from wages falls directly within the definition of payment. A repayment agreement, such as promising to return PERM costs if you leave within two years, is a promise to reimburse costs that the rule says cannot be reimbursed. We did not find a DOL statement in the rule that specifically addresses every form of agreement, so if you are asked to sign one, get it reviewed. Other wage and contract laws may also apply.
Do not confuse this with H-1B rules. H-1B has its own wage rules on deductions and repayment, including limits on charging business expenses and on early-cessation penalties (20 CFR 655.731(c), eCFR).
What about the I-140 and I-485?
The rule above is about the labor certification. Later stages have their own forms and fees.
| Stage | Form | Who usually files or pays |
|---|---|---|
| Labor certification | Form 9089 | Employer must cover employer costs |
| Immigrant petition | I-140 | The employer files; many cover its costs |
| Adjustment of status | I-485 | Worker's application; many employers offer to cover it |
The fee amounts change, so use the current USCIS Form G-1055 fee schedule. As of October 2026, the I-140 is $715 on paper, plus an Asylum Program Fee that depends on the employer. Our guide to USCIS fees has the current amounts.
Company policies vary widely. Ask early, and ask for it in writing: which stage does the company cover, and which does it not? An employer's choice to cover a later-stage cost is a benefit, and it can be a useful recruiting point when comparing offers.
Do these rules apply to self-petitions?
No labor certification means no 656.12 issue. EB-1A and the national interest waiver generally skip PERM altogether, so you pay your own filing costs and choose your own team. Our guide to green cards without PERM explains which categories those are.
How long must the employer keep PERM records?
Five years. The regulation says the application "and all supporting documentation must be retained by the employer for 5 years from the date of filing the Application for Permanent Employment Certification" (20 CFR 656.10(f), eCFR). That is useful to know if you ever need to confirm what was paid or by whom, because the records should exist for years after the filing.
What questions should you ask?
Before the process starts, ask these.
- Does the company pay all PERM costs, including attorney fees and recruitment?
- Who does the attorney represent: the company, me or both?
- Will the company cover the I-140, including premium processing if needed?
- Who pays for the I-485, the work permit and any family members?
- Is there any repayment agreement if I leave? If so, may I see it?
If the answers concern you, you can talk to your own immigration attorney. Keep records of anything you pay, and do not assume a charge is allowed because your employer's HR team asked for it.
What this means for you
- Do not agree to reimburse your employer for PERM costs.
- Watch for hidden repayment through pay cuts, bonuses or unpaid work.
- Find out who the attorney represents.
- Pay only for your own separate attorney if you choose to.
- Get company policy on later stages in writing.
Where to start
If a sponsor's costs or conditions are holding you back, a self-petition may be another route. Our free evaluation at /evaluate/ checks whether EB-1A or the NIW, which skip PERM, fit your profile, and Frank, our AI assistant at /frank, helps you build the evidence. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 31, 2026.
- 20 CFR 656.12 (eCFR, current text). Improper commerce and payment; what workers may pay; consequences.
- 8 CFR 204.5(e) (eCFR, current text). Priority date loss on revocation.
- 20 CFR 655.731(c) (eCFR, current text). H-1B deductions.
- 20 CFR 656.10(f) (eCFR, current text). Record retention.
- USCIS Form G-1055. Current fees.
Frequently asked questions
Does the employer have to pay for PERM?
Yes, for the labor certification itself. The Department of Labor's rule says an employer must not seek or receive payment of any kind for any activity related to obtaining permanent labor certification, including its attorney's fees. That also rules out reimbursement through pay cuts or other indirect methods. There is a narrow exception for a third party with an established business relationship.
Can I pay for my PERM myself?
Not for the employer's costs. You may pay your own costs in connection with a labor certification, including your own attorney's fees. But where the same attorney represents both you and the employer, the regulation says those costs shall be borne by the employer. Ask who your attorney actually represents before you agree to pay.
Can an employer make me repay PERM costs if I leave?
The rule covers reimbursement for costs incurred in preparing or filing a labor certification, and it treats wage concessions and deductions as payment. An agreement requiring you to repay those costs raises serious concerns. If your employer asks you to sign something like this, ask an attorney to read it before you sign, since other state or contract rules may also apply.
Who pays for the I-140 and I-485?
Those filings are not covered by the same PERM rule. The employer normally files the I-140, and many employers cover its fee. The I-485 is your own application, and many employers cover it as a benefit, though they are not required to under the PERM rule. Check the current USCIS fee schedule, and your employer's policy, for what applies to your case.
What happens if an employer violates the PERM payment rule?
The regulation says evidence that an employer has sought or received payment may be grounds for investigation, denial, revocation and debarment. That can hurt your application as well as the employer. If you have already paid something you think should not have been charged, tell an immigration attorney who represents you, not only your employer's attorney.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
