PERM Expenses, Recruitment and Job Offer Authenticity in EB-3

When evaluating a quote for EB-3, the first question is not the total amount but rather which stage and which service the fee belongs to. Employer expenses for PERM and I-140, visa, I-485, or employee separate legal representation expenses should not be treated as if they were subject to the same rule. It is not the name of the expense, but its actual nature that is important. ¹²

Why are PERM expenses subject to the special rule?

PERM is the employer's labor market process for permanent employment. The regulation prohibits the employer from charging the foreign employee certain costs associated with this process. Recruitment expenses and employer attorney expenses are at the center of this review. Payment may not only be in the form of a direct invoice. ¹

Salary deductions, back pay, unpaid work or other indirect arrangements may also be evaluated according to their actual nature. Transferring the employer's expenses to the employee under the name of "consultancy", "placement" or "package" does not automatically eliminate the prohibition. ¹

Is payment different for the employee's own attorney?

Payment for separate legal services representing the employee's own interests may be evaluated differently. However, if the same lawyer represents both the employer and the employee during the PERM process, who will bear the employer's legal expenses should be examined according to the relevant rule. Separate representation is not the same as renaming employer expense. ¹

In the contract, it should be clear who is the client, the scope of the service and for which application stage the fee is charged. This clarity is important for both cost and conflict of interest assessments. This guidance is not a substitute for individual opinion regarding the legality of a particular fee agreement.

Show I-140 and later phases on separate lines

It is not appropriate to automatically extend the PERM expense rule to all immigration fees and services. I-140 government fees, premium processing, I-485 or consular fees require separate legal and contractual consideration. It should be clearly stated which item will be covered by whom. ¹²

For example, if there is a recruitment announcement, employer's attorney, separate employee consultancy and consular expenses in a single total, these should be requested to be separated. Otherwise, it is not clear which payment is subject to which rule. An uncertain total amount may also increase disputes that may arise later.

Recruitment is not just a formality

In the normal PERM path, the employer must actually carry out the necessary posting and evaluation steps. Applications from US employees must be evaluated on the legitimate terms of the job. Artificially regulating job minimum requirements just so that no one other than a certain foreign candidate is suitable can be problematic. ¹

Recruitment results and appropriate rejection reasons must be recorded in accordance with the relevant rules. It is not right to present the process as an announcement activity with a certain outcome in advance. The ability of DOL to conduct an audit or additional document review increases the importance of these records. ¹

How do you question the actual job offer?

The identity of the employer, its activity, where the work will be performed, daily tasks, wages and working conditions must be understood. The offer must be based on a genuine need for employment. A more detailed examination is useful in structures where the candidate cannot directly exchange information with the employer, the duties are unclear, or only the Green Card result is discussed. ³¹

These are not a single fraud checklist written into legislation; These are practical questions suggested to evaluate real business and legal expense distribution. The use of an intermediary alone is not evidence of impropriety. However, the presence of an intermediary does not eliminate the need to verify the employer and the job.

How should approval and time guarantees be handled?

No private organization can guarantee the decision of USCIS, DOL, or consulate. PERM, I-140, and final session phases are each subject to separate conditions. Visa order is also a separate variable affected by institutions and the annual number system. ³¹⁴

The statement "With Premium, the whole process is completed in a few weeks" is also not true. EB-3 premium service provides a 15 business day processing time on eligible I-140 petitions; It does not tie PERM or visa quota to this period. The real impact of the service should be kept clear in fee evaluation. ²

Set of documents that can be prepared before signing

The job offer, employer information, itemized explanation of the salary, service contract and the candidate's education/experience documents can be examined together. If there is a difference between the actual conditions of the job and the promises of the contract, this difference should be clarified. ³¹

A sound EB-3 plan determines not only what the candidate will pay; It also explains what the employer undertakes, what service will be provided and what conditions each stage is subject to. It is important to make a legal evaluation on a stage-by-stage basis before paying, especially regarding PERM costs.