Who Pays for What in an EB-3 Case: The Legal Rules on Fees

Money questions cause more anxiety in EB-3 cases than any legal question - and more scams too. The good news: US law is unusually clear about who must pay for the most expensive part. Here is the breakdown, stage by stage.

The golden rule: PERM is the employer's bill

Department of Labor regulations (20 CFR 656.12) flatly prohibit the employer from passing the costs of the labor certification to the worker. That includes:

• the employer's attorney fees for preparing and filing the PERM,
• all recruitment and advertising costs,
• any other cost of obtaining the certification.

This is not a politeness - violating it can invalidate the certification. An employer who asks you to reimburse PERM costs, deducts them from future wages, or demands a "deposit" against them is breaking the rules. And it goes without saying, but we will say it: nobody legitimate ever charges a worker for the job offer itself. Paying for an offer is the signature move of recruitment fraud.

The I-140 stage

The I-140 filing fee and related legal work are, in practice, almost always paid by the employer, since it is the employer's petition. The law here is less absolute than for PERM, but a serious sponsor treats it as a cost of hiring. Optional premium processing is sometimes paid by whoever wants the speed - that can lawfully be the worker, and it is a legitimate personal choice, not a red flag by itself.

Costs that commonly and lawfully fall on the worker

The final stage is about you and your family, and these costs typically are yours:

• DS-260 immigrant visa fees or the I-485 filing fee - per person, including family members,
• medical exams for each family member,
• police certificates, birth and marriage certificate copies, certified translations,
• passport renewals and travel to the interview and to the US,
• your own independent attorney, if you choose to hire one.

All told, a family should realistically budget from several hundred to a few thousand dollars for the final stage, depending on family size and country. Exact government fees change - check uscis.gov and travel.state.gov for current amounts before paying anyone anything.

Repayment clauses: read before you sign

Some employers ask workers to sign agreements to repay certain costs if the worker quits shortly after getting the green card. The enforceability of such clauses varies, and they may never lawfully cover PERM costs. Never sign a repayment agreement you have not read in a language you understand, and treat any clause holding your passport or documents as an absolute deal-breaker - that crosses into coercion.

Quick reference table

If someone demands money they shouldn't

Walk away, keep the messages, and report it. In the US, complaints can go to the Department of Labor or the FTC. Before that point, our guide to how US visa sponsorship works can help you recognize what a legitimate process looks like.

Budgeting sensibly as a worker

Even with the employer covering the biggest bills, plan your own finances across the whole timeline. The final-stage costs arrive bunched together - visa fees, medicals for every family member, translations, then flights and first-month expenses in the US before your first paycheck. A sensible cushion for a family, counting relocation, often lands in the low thousands of dollars overall. Spread the preparation: order documents and translations during the quiet PERM years, not in the frantic month before the interview. Keep receipts for everything you pay - if an employer later offers to reimburse optional costs, that is lawful generosity, and records make it easy. What should never appear in your budget: payments to anyone for the offer, the sponsorship, or "processing" by unofficial middlemen.

This is general information, not legal advice. The controlling rules are at dol.gov and uscis.gov; a licensed attorney can review any specific agreement.

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