Before a Florida employer even thinks about filing a PERM application, one practical question tends to surface. What is this actually going to cost, and who is on the hook for it?
The answers matter more than most people realize. Not because the costs are surprising, but because the rules about who can pay what are strict, specific, and carry real consequences if ignored. Getting the cost allocation wrong does not just create awkward conversations between employers and employees. It can trigger a DOL investigation, invalidate an approved labor certification, or result in debarment from the PERM program entirely.
This post covers what PERM actually costs across each phase of the process, what the law says about who bears those costs, and where the line sits between what an employee can legally pay and what must stay with the employer.
What You Need to Know
- There is no government filing fee for the PERM application itself
- All PERM-stage costs must be paid by the employer. The employee cannot reimburse any part of them
- The rule on cost-shifting is broader than most employers realize and includes indirect reimbursements
- Post-PERM costs at the I-140 and I-485 stages have different rules
- Current USCIS fees for each stage of the process as of 2026
The Short Answer on Who Pays
The Department of Labor regulation at 20 CFR § 656.12(b) is unambiguous on this point. An employer must not seek or receive payment of any kind for any activity related to obtaining permanent labor certification. That includes attorney fees for preparing and filing the application, recruitment advertising costs, prevailing wage determination costs, and any other expense related to the PERM process.
The word “any” does a lot of work in that regulation. It covers monetary payments, wage concessions, deductions from wages or benefits, kickbacks, in-kind payments, and free labor. If an employee performs additional work as a quid pro quo for the employer agreeing to sponsor them, that arrangement can be treated as a prohibited payment under the regulation.
There is one exception worth noting. An employee can pay their own separate legal representation if they choose to hire an attorney independently to advise them on their rights during the PERM process. But there is an important caveat. If the same attorney represents both the employer and the employee in the PERM matter, which is by far the most common arrangement in practice, all costs must be paid by the employer. The employee cannot contribute to shared legal fees.
What PERM Actually Costs: A Stage-by-Stage Breakdown
Stage 1: The PERM Application Itself
There is no government filing fee for the PERM application. Employers file Form ETA-9089 electronically through the DOL’s FLAG system at no charge. This surprises many people, but the DOL has never charged a filing fee for PERM.
What does cost money at this stage is everything surrounding the application.
Prevailing Wage Determination (Form ETA-9141). No filing fee from DOL, but the time spent obtaining and reviewing it counts toward legal fees if you are working with an attorney. Processing times vary and have historically run several months for standard applications. Check current DOL processing times at flag.dol.gov/processingtimes before building your timeline.
Recruitment advertising. Florida employers filing for professional positions must run two Sunday print advertisements in a newspaper of general circulation plus complete three additional recruitment steps. Print ad costs vary by publication but typically run between $300 and $800 per ad in major Florida markets. Online job board fees, job fair registrations, and other approved recruitment methods add to this.
Attorney fees for PERM preparation and filing. These vary by firm and complexity. In our experience, Florida firms typically charge in the range of $3,000 to $6,000 for a straightforward professional position, covering prevailing wage analysis, recruitment coordination, applicant tracking, and application preparation. All of this is the employer’s cost.
Total employer cost for the PERM stage, including legal fees and recruitment, generally runs between $4,000 and $8,500 for a typical Florida professional position. This does not include the time investment from HR staff managing the recruitment process internally.
Stage 2: The I-140 Immigrant Petition
Once DOL certifies the labor certification, the employer files Form I-140 with USCIS. The current USCIS filing fee for Form I-140 is $715, confirmed on the USCIS fee schedule. Legal fees for I-140 preparation are generally lower than for PERM. In our experience, Florida firms typically charge in the $1,000 to $2,500 range depending on the petition category and whether an RFE response becomes necessary.
Premium processing is available for Form I-140 if faster adjudication is needed. As of March 1, 2026, the premium processing fee for Form I-140 increased to $2,965 per USCIS’s updated fee schedule. Either the employer or the employee can pay the premium processing fee, since it is not part of the labor certification process itself and falls outside the scope of the 20 CFR § 656.12 prohibition.
Best practice is for the employer to pay I-140 costs including legal fees, but unlike the PERM stage, the regulation does not explicitly prohibit the employee from contributing to I-140 costs. Many immigration attorneys recommend employers handle all I-140 costs to avoid any ambiguity about the cost-shifting rules.
Stage 3: Adjustment of Status or Consular Processing
The third stage, when the employee applies for their actual green card, sits entirely outside the employer’s legal obligation. Form I-485, Application to Register Permanent Residence or Adjust Status, carries a USCIS filing fee of $1,440 per person as of 2026. If the employee files concurrently, Form I-765 for employment authorization carries a separate fee of $260 and Form I-131 for travel documents carries $630. These fees are typically paid by the employee, though some Florida employers cover them as part of a broader immigration benefits package.
Medical examination costs, which are paid to a USCIS-designated civil surgeon, are also the employee’s responsibility and typically run between $200 and $500 in Florida depending on the provider.
Where Florida Employers Get the Cost Rules Wrong
The prohibition on cost-shifting sounds straightforward, but a few common scenarios trip up Florida employers who are trying to act in good faith.
Asking employees to sign reimbursement agreements
Some employers ask sponsored employees to sign agreements promising to reimburse PERM costs if they leave within a certain period. This is a common practice in employee retention arrangements and is legally permissible for some immigration costs, but not for PERM. Seeking reimbursement for labor certification costs, even after the fact, violates the regulation. DOL is explicit that the prohibition covers payment whether as an incentive, inducement, or reimbursement for costs already incurred.
Treating PERM costs as a wage deduction
Deducting PERM-related costs from an employee’s wages or salary is one of the forms of prohibited payment explicitly listed in 20 CFR § 656.12(b). Even if the employee agrees to the deduction in writing, it does not change the analysis. The regulation does not create an exception for employee consent.
Splitting fees between employer and employee informally
Some employers and employees reach informal arrangements where the employee contributes to legal fees outside the formal billing relationship. If those arrangements involve the same attorney who represents the employer in the PERM matter, the entire cost must be borne by the employer. The regulation is clear that shared representation means the employer pays entirely.
Consequences of getting it wrong
If DOL finds evidence that an employer sought or received payment from any source in connection with a PERM application, 20 CFR § 656.12(c) gives the agency authority to deny the application, revoke an already-approved certification, debar the employer from future PERM filings, or any combination of those remedies. The consequences are serious enough that the cost-sharing question should be resolved before the PERM process begins, not after it is complete.
Total Cost Summary Across All Three Stages
For a Florida employer sponsoring a professional position employee through the full green card process, here is a realistic cost picture based on current fees.
PERM stage (employer pays): $4,000 to $8,500 including legal fees and recruitment advertising. No DOL filing fee.
I-140 stage (employer typically pays): $715 USCIS filing fee plus $1,000 to $2,500 in legal fees. Optional premium processing at $2,965 effective March 2026.
I-485 adjustment stage (employee typically pays): $1,440 for Form I-485, $260 for EAD if filed concurrently, $630 for advance parole if needed, and $200 to $500 for the medical exam.
Attorney fees vary by firm, case complexity, and whether complications arise during any stage. The figures above represent typical ranges for straightforward Florida cases filed without audits or requests for evidence. Audits at the PERM stage add both time and cost for responding to DOL documentation requests.
For a full breakdown of the PERM process from prevailing wage through green card, see our PERM for Florida Employers page. If you are an employee with questions about your rights during the PERM process, our PERM for Individuals page covers what the process looks like from the employee’s side.
Frequently Asked Questions
Can my employee voluntarily offer to pay the PERM attorney fees?
No. Even voluntary payment by the employee is prohibited when the same attorney represents both parties in the PERM matter. The regulation does not distinguish between coerced and voluntary payments. The only situation where an employee can pay legal fees related to PERM is when they hire a separate, independent attorney to advise them on their personal rights and interests during the process. That attorney’s fees belong entirely to the employee.
Does the cost-shifting prohibition apply if the employee is also an owner of the company?
This is a genuinely complex area. The regulation focuses on the employer-employee relationship. If the foreign national holds a meaningful ownership interest in the sponsoring company, the entire PERM application faces heightened scrutiny on multiple fronts, including whether a bona fide job opening exists. Whether the employee-owner arrangement changes the cost analysis is fact-specific and warrants a conversation with an attorney before filing.
What happens to the PERM costs if the employee leaves before getting the green card?
The employer has no legal recourse to recover PERM costs from an employee who departs. The regulation prohibits both payment and reimbursement arrangements. Some employers include broader immigration cost provisions in employment contracts that cover non-PERM stages, but those agreements must be drafted carefully to avoid inadvertently creating a prohibited arrangement at the PERM level. If cost recovery for non-PERM immigration expenses is a priority, that should be discussed with employment counsel before any immigration sponsorship begins.
Is there a way to speed up the PERM process and does it cost more?
There is no premium processing option for PERM. The DOL does not offer expedited adjudication for a fee the way USCIS does for I-140. The only way to move through PERM faster is to file a complete, well-prepared application that minimizes audit risk. Applications with documentation issues or recruitment inconsistencies that trigger audits can add many months to the timeline. Investing in thorough preparation at the outset is the only cost-effective way to accelerate the process.
Questions About PERM Costs Before You Start? Let’s Go Through It.
Understanding the full cost picture before a PERM process begins saves Florida employers from budget surprises halfway through a two-year timeline. It also protects them from inadvertent regulatory violations that can be far more expensive than the original cost of the process.
At Lim Krewson, we work with Florida employers on PERM labor certifications from prevailing wage through green card approval. Before any work begins, we walk through the full cost structure, clarify what the employer must pay, and flag any arrangements that could create problems down the road.
For more on what PERM requires from employers at every stage, see our Employment and Business Immigration overview, which covers the full range of employer-sponsored immigration options available to Florida businesses.
Serving employers throughout Central Florida, including Orange, Seminole, Osceola, and Brevard Counties.
