Who pays for PERM? Understanding 20 CFR 656.12

2026-11-03

What the rule says

Under Department of Labor rules (20 CFR 656.12), an employer may not seek or receive payment of any kind for anything related to obtaining labor certification. That includes the employer’s attorney fees and recruitment ads, and indirect payment such as wage deductions, kickbacks or unpaid work.

Labor certifications themselves can’t be bought or sold.

What a worker can pay

A worker may pay their own costs, such as an attorney representing the worker. But if the same attorney represents both the employer and the worker, labor certification costs must still be paid by the employer.

For later steps such as adjustment of status or an immigrant visa, the applicant can pay their own filing and attorney fees.

Warning signs

• Someone offers to sell you a “sponsorship slot”
• You are asked to pay the employer’s PERM attorney fees or recruitment ads
• “Sponsorship costs” are deducted from your wages after you start

If any of these happen, talk to a licensed immigration attorney first.

This article is general information, not legal advice. Talk to a licensed immigration attorney about your own case.