What an Employment Green Card Costs Your Employer: PERM, I-140 and the Costs You're Not Allowed to Pay
PERM has no government filing fee, and federal rules bar your employer from passing its PERM costs to you, its lawyers' fees included. Here is the full fee stack and what you can be asked to cover.
Part of our guide to Form I-140.
How much does it cost to sponsor a green card? As of November 1, 2026, the government fees are fixed and published; the attorney and recruitment costs are not. The Department of Labor charges no filing fee for PERM (Form ETA-9089) or the prevailing wage request. USCIS charges $715 by paper or $665 online for the I-140, plus a $600 Asylum Program Fee ($300 for employers with 25 or fewer full-time equivalent employees, $0 for nonprofits). Premium processing is $2,965. Each I-485 for an applicant 14 or older is $1,440 by paper or $1,390 online. And under 20 CFR 656.12(b), your employer may not take payment from you for any PERM cost, including its own lawyers' fees.
Status as of 2026-11-01. Fees are from USCIS fee schedule G-1055, edition 10/26/26 (in effect); the FY2027 HR-1 inflation adjustment in effect since 2026-10-16 did not change I-140, I-485 or premium fees. The PERM rules in 20 CFR part 656 are in effect and unchanged. DOL's draft proposed rule "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program" (RIN 1205-AC29) cleared OIRA review on 2026-10-23 but has not been published, and USCIS's "Amending the Premium Processing Timeframe" (RIN 1615-AD25) has been under OIRA review since 2026-10-13. Neither text is public or changes anything below. If you are on H-1B or STEM OPT and negotiating sponsorship, this is the employer's side of the ledger.
How much does it cost to sponsor a green card?
For a for-profit employer with more than 25 full-time equivalent employees, the employer-side government fees for one worker are $0 for PERM and $1,315 for a paper I-140 ($715 plus the $600 Asylum Program Fee), as of November 2026. Optional premium processing adds $2,965, and the worker's own paper I-485 adds $1,440. Attorney and recruitment costs come on top.
The employment green card cost stack (as of 2026-11)
| Step | Form and agency | Government fee (paper / online) | Who pays under the rules |
|---|---|---|---|
| Prevailing wage determination | ETA-9141, DOL (FLAG) | No fee | Employer (20 CFR 656.12(b)) |
| Recruitment | 20 CFR 656.17(e) | No government fee; publishers set ad prices | Employer |
| Labor certification | ETA-9089, DOL (FLAG) | No fee | Employer, including its attorneys' fees |
| Immigrant petition | I-140, USCIS | $715 / $665, plus Asylum Program Fee of $600 (regular), $300 (25 or fewer FTEs, or self-petitioner), $0 (nonprofit) | Company policy |
| Premium processing (optional) | I-907, USCIS | $2,965 | Filed by the petitioner; funding is policy |
| Adjustment of status | I-485, USCIS | $1,440 / $1,390 (age 14+); $950 / $900 (under 14, with a parent) | Applicant, unless the employer agrees |
| Work permit, I-485 pending | I-765, USCIS | $260 with a fee-paid I-485 filed on or after 2024-04-01 | Applicant or policy |
| Advance parole | I-131, USCIS | $630 / $580 | Applicant or policy |
| Medical exam | I-693, civil surgeon | $0 to USCIS; the doctor sets the exam fee | Applicant or policy |
Sources: USCIS Form G-1055 fee schedule, edition 10/26/26; 20 CFR 656.12 on eCFR.
G-1055's $1,050 HR-1 parole fee is charged only on approval and is waived for exceptions that include an adjustment applicant "returning to the United States after temporary travel abroad." Since 2025-10-28 USCIS takes only card (G-1450) or ACH (G-1650) payments unless G-1651 applies. Other forms are in our 2026 USCIS fee schedule guide.
Is there a government filing fee for PERM?
No. DOL charges nothing to file the prevailing wage request or the labor certification through its FLAG system. DOL's permanent labor certification page is direct about whose job it is: "The filing of applications is the responsibility of the employer, not the employee."
What PERM costs is work, in three parts:
- The wage. The employer attests that the offered wage "equals or exceeds the prevailing wage" (20 CFR 656.10(c)), and USCIS later requires proof of ability to pay it "at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence" under 8 CFR 204.5(g)(2).
- Recruitment. For a professional job, 656.17(e) requires a 30-day state job order, ads on two different Sundays in a newspaper of general circulation, and three additional steps, with the mandatory steps 30 to 180 days before filing. A notice of filing must also be posted for 10 consecutive business days (656.10(d)). Our guide to PERM recruitment and the recruitment report explains why you are kept out of it.
- Time. DOL's FLAG processing times page showed analyst review at January 2026 priority dates as of 2026-10-21, with August 2026 determinations averaging 303 days. Prevailing wage requests for PERM were at June 2026 receipts as of 2026-09-30.
Can an employer make me pay PERM costs?
No. Under 20 CFR 656.12(b), in effect since 2007, 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 inducement to file or as reimbursement afterward.
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." Two carve-outs exist. You may pay an attorney who represents you, "except that where the same attorney represents both the alien and the employer, such costs shall be borne by the employer." And a third party with an established business relationship with the employer that benefits from your work may pay; ask counsel about client-site arrangements.
Under 656.12(c), evidence of payment is grounds for investigation and may lead to denial, revocation or debarment. PERM is being enforced: on 2026-10-16 Cloudera settled for a two-year PERM debarment and a $600,000 civil penalty, resolving allegations that it discriminated against qualified US workers in PERM recruitment. That case was about US applicants, not cost-shifting.
Common misconceptions about PERM costs, corrected
| What people assume | What 20 CFR 656.12 says | What to do |
|---|---|---|
| "I can pay the PERM legal bill to get things moving." | The employer may not receive payment for PERM work, including its attorneys' fees. | Ask HR to confirm in writing that the company pays. |
| "A lower salary for sponsorship is a fair trade." | Payment includes "wage concessions." | Raise it with an attorney who represents you. |
| "Repaying PERM costs if I quit is a normal clawback." | The ban covers payment "as a reimbursement for costs incurred in preparing or filing" the application. Our reading: a PERM-cost clawback runs into it. | Have your own attorney review the clause before signing. |
| "This rule covers every green card fee." | Its text covers labor certification, not USCIS fees (our reading). | Negotiate I-140, I-485 and premium in writing. |
Who pays the I-140 and I-485 fees?
No DOL rule assigns them, so company policy and your offer decide. The employer is the I-140 petitioner, and the USCIS I-140 page says Part 1 questions 5 and 6 (nonprofit or government research status, and employee count) determine whether it pays a reduced Asylum Program Fee. Self-petitioners pay their own; USCIS's fee rule FAQ says "An individual self-petitioner would pay the reduced Asylum Program Fee of $300 when filing Form I-140" as an EB-1A or NIW petitioner. Our post on who pays the I-140 filing fee covers that form in depth.
The I-485 is your application, filed for you and each family member, and a long wait adds cost: a (c)(9) EAD lasts up to 18 months, each renewal is $260 while a fee-paid I-485 is pending, and renewals filed on or after 2025-10-30 get no automatic extension. On 2026-11-01 the USCIS processing times tool showed employment-based I-485s at 42.5 months at Service Center Operations and 9.5 months at field offices.
The H-1B side works differently. Under 20 CFR 655.731(c)(9), a deduction that recoups the employer's H-1B business expenses, such as "preparation and filing of LCA and H-1B petition," is not an authorized deduction from your required wage; our H-1B employer cost breakdown covers that side. If an employer reimburses fees you paid, ask a tax professional how it is reported.
Does premium processing for the I-140 cost extra?
Yes: $2,965 through Form I-907. USCIS's premium processing page sets a 15-business-day clock for most I-140s and 45 business days for EB-1C and NIW. G-1055 also says "Form I-907 may not be filed by a beneficiary or co-applicant of the primary form for which premium processing is being requested," so on an employer-filed I-140 the employer files it, whoever funds it.
Value depends on the category: on 2026-11-01 the USCIS tool showed regular processing of 3 months for EB-2 PERM I-140s and 4 months for EB-3 skilled workers, against 30 months for NIW. Premium matters most when an approved I-140 is needed soon, such as for a three-year H-1B extension past six years under AC21 section 104(c) when per-country limits hold up your green card. See whether I-140 premium processing is worth the fee.
What drives the attorney and recruitment costs?
No official source prices attorney work or ads, so distrust any single "total cost" online. These variables move the bill:
- Where the ads run: two Sunday ads in a newspaper of general circulation in the area of intended employment; for a job requiring experience and an advanced degree, a professional journal may replace one of them.
- Audits and restarts: an audit means producing the recruitment file; a denial, a changed job or layoffs can mean recruiting again.
- A second I-140: in the November 2026 Visa Bulletin, EB-3 India's Final Action Date (2014-01-22) is later than EB-2 India's (2013-11-01), though both Dates for Filing are 2015-01-15. A downgrade generally means a new EB-3 I-140 and its fee, keeping the priority date (general practice; check per case).
- Weak first filings: since 2026-08-05, PA-2026-05 lets USCIS deny without an RFE or NOID when required initial evidence is missing (in effect; challenged in AAUP v. Mullin), and refiling means new fees.
- H-1B extensions while you wait: each is a new I-129 ($780 paper base fee plus others), and covered employers (50+ US employees, more than half on H-1B or L-1) owe a $4,000 9-11 fee on extensions postmarked 2026-09-09 through 2027-09-30.
A worked example: worker, spouse and child (as of 2026-11)
Suppose you are on H-1B at a for-profit company with 300 employees. PERM is certified, the employer files a paper I-140 with premium, and once your priority date is current on the chart USCIS designates (Dates for Filing in November 2026), you, your spouse and your 10-year-old file paper I-485s, I-765s for both adults and I-131s for all three.
| Item | Government fee | Employer required to pay under 20 CFR 656.12? |
|---|---|---|
| ETA-9141 and ETA-9089 | $0 | Yes, plus all recruitment and its legal fees |
| I-140 and Asylum Program Fee (regular, paper) | $1,315 | No; policy |
| I-907 premium | $2,965 | No; policy (employer files) |
| I-485, two adults | $2,880 | No; policy |
| I-485, child under 14 with a parent | $950 | No; policy |
| I-765, two adults | $520 | No; policy |
| I-131 advance parole, three people | $1,890 | No; policy |
| Total government fees | $10,520 |
Our arithmetic from G-1055 edition 10/26/26, excluding civil surgeon fees and the conditional $1,050 parole fee. Without premium: $7,555.
Only the PERM row has its payer fixed by regulation, and it carries no government fee. Every line with a USCIS price is a policy question, so get it into your offer, as our guide to negotiating green card sponsorship into an offer explains.
How to pin down what your employer will pay
- Ask HR or the company's immigration counsel for the written green card policy, itemized by form (ETA-9141, ETA-9089, I-140, I-907, I-485, I-765, I-131) and by family member.
- Confirm the employer's Asylum Program Fee tier from Part 1 of Form I-140 (edition 06/07/24).
- Check every amount on the live USCIS G-1055 page the week of filing; it warns, "If the fee is incorrect, your application, petition, or request will be rejected."
- Compare any repayment clause against 20 CFR 656.12 on eCFR, and have an attorney who represents you, not the company, review it.
- Check the Form I-485 page for the accepted edition (09/18/26 only) and address; old addresses work only if postmarked on or before 2026-11-09.
Still on F-1 STEM OPT? Questions about your OPT record go to your DSO; questions about the petitions go to an immigration attorney.
Common mistakes
- Offering money, a pay cut or a clawback to get PERM started. 656.12(b) bars the employer from accepting any of them; have your own lawyer read any repayment clause.
- Expecting premium to speed up the green card. It speeds only the I-140 decision, not PERM or your priority date.
- Paying by check or using an old form. Checks are rejected unless G-1651 applies, and only the 09/18/26 I-485 edition is accepted.
- Mixing up the $100,000 H-1B fee with green card costs. It comes from Proclamation 11069, an H-1B entry restriction that is in effect on paper; courts have blocked the agency policies that implement the fee, and it is not collected as of 2026-11-01.
Frequently asked questions
How much does it cost an employer to sponsor a green card?
As of November 1, 2026, DOL charges nothing for PERM, and USCIS charges $715 by paper or $665 online for the I-140 plus a $600 Asylum Program Fee ($300 for employers with 25 or fewer full-time equivalent employees, $0 for nonprofits). Optional premium processing adds $2,965, and each I-485 for an applicant 14 or older is $1,440 by paper. Attorney and recruitment costs come on top.
Can an employer make me pay PERM costs?
No. Under 20 CFR 656.12(b), an employer must not seek or receive payment of any kind for any activity related to obtaining permanent labor certification, including its own attorneys' fees, and payment includes wage concessions and free labor. You may pay an attorney who represents only you, but if one attorney represents both of you, the employer pays. Violations can lead to denial, revocation or debarment.
Who pays the I-140 and I-485 fees?
No DOL rule assigns them, because the PERM cost rule's text covers labor certification, not USCIS filings. Whether your employer pays the I-140 fee ($715 paper plus the Asylum Program Fee) and your family's I-485 fees ($1,440 by paper for each applicant 14 or older) is company policy as of November 2026. EB-1A and NIW self-petitioners pay their own I-140 with a $300 Asylum Program Fee.
Is there a government filing fee for PERM?
No. The Department of Labor charges no filing fee for Form ETA-9089 or the prevailing wage request, and its permanent labor certification page says filing is the responsibility of the employer, not the employee. PERM's real costs are recruitment advertising and legal work, and 20 CFR 656.12(b) bars the employer from passing either to you.
Does premium processing for the I-140 cost extra?
Yes. As of November 2026, premium processing through Form I-907 costs $2,965 on top of the I-140 fees, with a 15-business-day clock for most I-140s and 45 business days for EB-1C and NIW. The petitioner files it, because the USCIS fee schedule says a beneficiary may not. It speeds only the I-140 decision, not PERM or your priority date.
Sources
- USCIS: G-1055 Fee Schedule (edition 10/26/26), Form I-140, Form I-485, premium processing, fee rule FAQ, Visa Bulletin filing charts
- eCFR: 20 CFR 656.12, 20 CFR 656.17, 8 CFR 204.5
- DOL: Permanent Labor Certification, FLAG processing times
- USCIS: processing times tool
- DOJ: Cloudera settlement release (2026-10-16)
- OIRA: reviews completed in the last 30 days (RIN 1205-AC29), RIN 1615-AD25 review
How we checked this: we read USCIS Form G-1055 (edition 10/26/26, page and PDF), the USCIS I-140, I-485, premium processing, fee rule FAQ and Visa Bulletin chart pages, 20 CFR 656.10, 656.12, 656.17 and 655.731 and 8 CFR 204.5 on eCFR, DOL's permanent labor certification and FLAG pages, the DOJ Cloudera release and the OIRA review records, on 2026-11-01 and 2026-11-02.
This is general information, not legal or tax advice; your own notices and an immigration attorney govern your case, your DSO governs your F-1 or OPT record, and a tax professional should answer tax questions.
If you are comparing offers and want employers whose sponsorship commitment is clear before you sign, F1Jobs can help with the search.
Frequently asked questions
How much does it cost an employer to sponsor a green card?
As of November 1, 2026, DOL charges nothing for PERM, and USCIS charges $715 by paper or $665 online for the I-140 plus a $600 Asylum Program Fee ($300 for employers with 25 or fewer full-time equivalent employees, $0 for nonprofits). Optional premium processing adds $2,965, and each I-485 for an applicant 14 or older is $1,440 by paper. Attorney and recruitment costs come on top.
Can an employer make me pay PERM costs?
No. Under 20 CFR 656.12(b), an employer must not seek or receive payment of any kind for any activity related to obtaining permanent labor certification, including its own attorneys' fees, and payment includes wage concessions and free labor. You may pay an attorney who represents only you, but if one attorney represents both of you, the employer pays. Violations can lead to denial, revocation or debarment.
Who pays the I-140 and I-485 fees?
No DOL rule assigns them, because the PERM cost rule's text covers labor certification, not USCIS filings. Whether your employer pays the I-140 fee ($715 paper plus the Asylum Program Fee) and your family's I-485 fees ($1,440 by paper for each applicant 14 or older) is company policy as of November 2026. EB-1A and NIW self-petitioners pay their own I-140 with a $300 Asylum Program Fee.
Is there a government filing fee for PERM?
No. The Department of Labor charges no filing fee for Form ETA-9089 or the prevailing wage request, and its permanent labor certification page says filing is the responsibility of the employer, not the employee. PERM's real costs are recruitment advertising and legal work, and 20 CFR 656.12(b) bars the employer from passing either to you.
Does premium processing for the I-140 cost extra?
Yes. As of November 2026, premium processing through Form I-907 costs $2,965 on top of the I-140 fees, with a 15-business-day clock for most I-140s and 45 business days for EB-1C and NIW. The petitioner files it, because the USCIS fee schedule says a beneficiary may not. It speeds only the I-140 decision, not PERM or your priority date.