PERM Program Integrity Rule, 20 CFR § 656.12
PERM payment · sale of labor certification · employer costs · attorney fees
Source reviewed 2026-10-01A real employer sponsors a real job. A labor certification is not merchandise.
PERM and EB-3: Who Pays, Who Recruits, and Why “Buying Sponsorship” Is a Red Flag
What Department of Labor rules say about employer-paid PERM costs, recruitment, attorney fees, sale or purchase of labor certification, and the difference between a legitimate foreign-worker case and sponsorship-for-sale.
Direct answer
Short answer
Department of Labor rules prohibit the sale, barter, or purchase of permanent labor certification applications and certifications. DOL also prohibits an employer from seeking or receiving payment from the foreign worker for activity related to obtaining the employer’s permanent labor certification, including the employer’s attorney fees and recruitment costs, subject to narrow regulatory exceptions. A worker may retain separate counsel for the worker’s own interests.
On this page
The labor certification is not something an employer can sell
20 CFR § 656.12 treats labor certification as a regulated employer process, not an asset that can be bought from a company or broker. Evidence of sale, barter, or purchase can trigger denial, revocation, investigation, or debarment consequences.
PERM employer costs stay with the employer
DOL explains that recruitment expenses and the employer’s attorney fees for obtaining labor certification may not be shifted back to the foreign worker through direct payment, reimbursement, wage deduction, free labor, or another disguised transfer.
The worker may still hire separate counsel for the worker’s own interests
The regulation distinguishes the employer’s PERM costs from legal representation obtained independently by the foreign worker. Where the same attorney represents both employer and worker in the labor-certification process, DOL places those costs on the employer.
A legitimate EB-3 file begins with a real permanent job opportunity
Prevailing wage, recruitment, Notice of Filing, employer ability, job requirements, and the later immigrant petition must describe the actual position. A broker-created paper job can create immigration, labor, tax, and fraud exposure.
Questions people actually ask
Frequently asked questions
Can an employer charge the worker for newspaper ads and PERM recruitment?
DOL regulations prohibit the employer from seeking or receiving payment from the worker for activity related to obtaining the permanent labor certification, including recruitment costs.
Can the worker pay the employer’s PERM attorney fees?
DOL rules prohibit shifting the employer’s attorney fees for the labor-certification process to the foreign worker.
Can the worker hire a separate lawyer?
Yes. DOL distinguishes independent representation of the worker from the employer’s own PERM costs.
Authority and current-source review
Official sources supporting this page
These links identify primary or official materials used to control material legal and procedural statements. They are not a substitute for advice about a particular matter.
Permanent Labor Certification Program
prevailing wage · recruitment · notice of filing · PERM application
Source reviewed 2026-10-01The next useful move
Start with the exact ground, not the label someone gave it
Waivers, citizenship claims, labor certification, and returning-resident cases all turn on precise statutory facts. Bring the notices, applications, travel history, family records, court records where relevant, and the actual government finding before choosing a form.
Important legal and service limitations
General U.S. immigration and citizenship information only. This page is not legal advice, does not create an attorney-client relationship, and does not guarantee eligibility, waiver approval, visa issuance, admission, citizenship, permanent residence, or any other result.