Perm Labor Certification Flat Attorney Fee

Updated April 2025

If your company is considering sponsoring a foreign national for U.S. permanent residence, you’ll likely need to go through the PERM Labor Certification process—the first and one of the most technical steps in employment-based green card sponsorship for EB-2 and EB-3 categories.

This guide explains what PERM is, how much it costs (including legal and filing fees), who pays, how long it takes, and why hiring an experienced attorney is a smart investment. You’ll also learn how the Herman Legal Group can help.

What Is PERM Labor Certification?

PERM (Program Electronic Review Management) is the U.S. Department of Labor’s (DOL) online system for employers to request labor certification for foreign workers. The certification confirms that:

No qualified U.S. workers are available for the job.
The hiring will not negatively impact wages or working conditions for U.S. workers.

PERM is the gateway to the green card process—required before employers can file an I-140 immigrant petition with USCIS.

For more details, visit the DOL’s PERM Overview.

PERM is the first of three main steps in most EB-2 and EB-3 green card cases.

Overview of the Process

Step	Description
1. PERM Labor Certification	Test of the labor market through advertisements and filings with the U.S. Department of Labor.
2. I-140 Immigrant Petition	Filed with USCIS to prove eligibility and employer’s intent to hire.
3. I-485 Adjustment of Status (or Consular Processing)	Final step to get the green card if already in the U.S. (I-485) or through a U.S. consulate abroad.

Who Pays for PERM?

Federal law requires that the employer pays all costs associated with PERM labor certification:

Attorney fees for the PERM portion
Recruitment and advertisement costs
Prevailing wage determinations

The employee cannot legally pay these fees.

After PERM is approved, the employee or employer may pay for immigration petition filings (e.g., I-140, I-485), depending on company policy.

PERM Attorney Flat Fees – What’s Included

At Herman Legal Group, we offer flat-fee packages that keep your costs predictable.

Service	Flat Fee	Who Pays
PERM Labor Certification	$5,000 to $7500	Employer (corporate check only)
I-140 Immigrant Petition	$3,500 to $5000	Employer
I-485, EAD, and Advance Parole	$3500 to $5000 (primary applicant) / $2,000 (per dependent)	Employee or Employer

Note: These fees include consultations, documentation prep, and DOL audit readiness. Additional fees are charged for DOL Audits, RFEs, and NOID.

Advertising fees are not included in above costs. Advertising fees typically cost between $1,000 and $3,000.

For a consultation, visit Herman Legal Group or call for personalized advice.

Government Filing Fees

Form	Fee (as of 2025)	Who Pays
I-140 Petition	$715	Employer
I-485 (AOS)	$1,440 (adult), $950 (child under 14)	Employee or employer
I-765 (EAD)	$260	Employee
I-131 (Travel Document)	$630	Employee

Use the USCIS Fee Calculator to confirm the most up-to-date rates.

What Could Increase Costs?

Complex Cases: Additional research, multiple employers, or unusual job requirements.
RFEs: Responding to a Request for Evidence from USCIS increases workload and may add to legal fees.
Audits: DOL audits of PERM cases can trigger extra expert letter requirements or attorney time.

PERM Process Overview (Step-by-Step)

Employer Registers with DOL
Prevailing Wage Request Submitted
Employer Runs Job Ads and Recruitment Campaign
Recruitment Report Prepared and Retained
PERM Form ETA-9089 Submitted
DOL Approves (or Audits) the Case
Employer Files I-140 with USCIS
Employee Adjusts Status (I-485) or Consular Processes Abroad

What Is the Prevailing Wage—and Why Does It Matter?

The prevailing wage is the average wage paid to similarly employed workers in the geographic area.

To proceed with PERM:

Employers must pay the prevailing wage or prove financial ability to do so.
Large companies (100+ employees) must often submit a CFO letter confirming financial capability.

You can search estimated prevailing wages at the FLC Data Center.

Is PERM the Same as Labor Certification?

Yes. PERM is the modern electronic system for filing labor certification applications. It’s the required method since March 28, 2005.

Employers must:

Conduct good-faith recruitment
Retain documents for 5 years (for possible audits)
Offer a bona fide, full-time job
Show the position meets normal duties and wage standards

Breakdown of Typical PERM-Related Costs

Here is a clearer, more detailed look at what employers can expect to pay.

1. Legal Fees (Attorney Fees)

While hiring an immigration attorney is optional, it’s strongly recommended due to the complexity of PERM regulations and the risk of denial if even small mistakes are made.

Estimated Range: $5,000 – $7500
What’s Included:
- Drafting and submitting the ETA-9089
- Preparing recruitment steps
- Compliance review
- Advising on timelines and documentation

Note: Employers are required by law to pay attorney fees related to PERM labor certification. The employee cannot pay these.

Explore American Immigration Lawyers Association (AILA) to find licensed attorneys.

2. Recruitment and Advertising Expenses

DOL requires a specific recruitment process for all PERM cases, which includes:

Two Sunday newspaper ads in a major paper of general circulation in the area of employment
A 30-day job order posted with the state workforce agency
Additional advertisements (for professional positions, at least three more methods like websites, job fairs, or trade journals)

Typical Costs:

Ad Type	Estimated Cost
Sunday Newspaper Ads (x2)	$800 – $1,500 total
State Job Posting	Usually Free
Additional Ad Methods	$300 – $1,000

Costs vary by:

Location of job
Size and color of the ad
Circulation of the publication
Placement deadlines

Employers must maintain evidence of all ads and recruitment efforts for 5 years, in case of an audit.

3. USCIS Filing Fees (Post-PERM)

Once the PERM is certified, the employer files Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS).

Form I-140 Filing Fee: $715
Optional Premium Processing: $2,805 (for 15-day processing)
Check Latest USCIS Fees

4. Optional and Incidental Costs

In addition to core legal and recruitment costs, employers may also face:

Optional Cost	Estimated Range	Purpose
Courier/FedEx Services	$100 – $400	Secure, trackable shipping of documents
Credential Evaluation	$150 – $295	Required if the beneficiary holds foreign degrees
Expert Opinion Letters (audit)	$300 – $500	Supports the case if the DOL audits the job description
Translation Services	Varies	Required if documents are in a non-English language

Keep in mind that government audits and RFEs (Requests for Evidence) may increase costs depending on the level of legal response required

How Long Does the PERM Process Take?

The PERM timeline depends on several factors, including prevailing wage determinations and recruitment activities.

Estimated Timeline:

Prevailing Wage Determination: 6-8 months
Recruitment Period: 2–3 months
PERM Form 9089 Processing: 10-12 months
If Audited: Add 6–8 additional months

Total Time (Without Audit): 24 months
Total Time (With Audit): Up to 32 months

View real-time processing updates at the DOL’s Flag Portal.

Do I Really Need an Attorney for PERM?

While it’s possible to file PERM without legal representation, it’s not recommended due to:

Strict legal requirements
Complex documentation
Unforgiving deadlines
Risk of audits and denial

With a flat-fee immigration attorney, you gain:

Peace of mind and legal compliance
Audit readiness and documentation support
Clear timelines and guidance through each stage

Choosing the Right Immigration Attorney for PERM

When hiring a lawyer, consider:

1. Experience in Labor Certification:
Not all immigration lawyers handle PERM cases. Choose someone familiar with both DOL and USCIS processes.

2. Transparent Fees:
Look for flat fees with no hidden costs.

3. Strong Communication:
Does the lawyer explain timelines, expectations, and risks clearly?

4. Reputation and Credentials:
Check client reviews and confirm bar membership. You can verify at your state bar website.

Tips for Applicants and Employers

Start early: PERM advertising and recruitment take time. The full process can stretch 24 or more months.
Budget conservatively: Build in an extra 10–15% buffer in case of audits or RFEs.
Coordinate closely: Ensure employer and attorney stay aligned, especially on deadlines and job postings.
Track expiration dates: Ensure H-1B or other status won’t expire mid-process.
Case-Specific: Fees vary based on individual situations, family size, and whether audits or additional recruitment steps are triggered.
Stay in Touch: HR and employees should work closely with their lawyers throughout the process.

FAQ: PERM Labor Certification, I-140, and I-485/Consular Processing Fees

What is the total cost of the PERM labor certification process?

The total cost varies depending on case complexity, attorney fees, and advertising expenses. Employers typically spend between $5,000 to $10,000 for the PERM stage alone. This includes attorney fees, recruitment costs, and prevailing wage processing, even though the Department of Labor charges no filing fee for Form ETA-9089.

Is there a government filing fee for the PERM application (Form ETA-9089)?

No. There is no government filing fee for the PERM labor certification itself. However, other costs—like recruitment advertising and attorney fees—still apply.

Can the employee pay for any portion of the PERM process?

No. Under Department of Labor regulations, all costs associated with the PERM process must be paid by the employer, including attorney fees and recruitment costs. The employee may not reimburse the employer either directly or indirectly.

What are typical attorney fees for the PERM process?

Attorney fees for the PERM process generally range from $5,000 to $7500, depending on the complexity of the case and the firm’s fee structure. Many attorneys offer flat-fee packages covering prevailing wage guidance, recruitment review, PERM form preparation, and audit support.

What are recruitment and advertising costs, and how much do they typically cost?

The Department of Labor requires a good-faith recruitment effort, including:

Two Sunday newspaper ads
A 30-day job posting with the state workforce agency
Internal postings
Additional recruitment steps for professional occupations

Advertising costs range from $1,000 to $3,000, depending on the publication, size, location, and ad frequency.

Who pays for recruitment and advertising costs?

These costs must be paid by the employer. The employee cannot legally cover or reimburse any portion of the recruitment expenses.

Are there additional costs if the PERM case is audited by the DOL?

Yes. If your case is audited, additional legal fees may apply, particularly for preparing audit responses and expert opinion letters. Some law firms charge between $1500 and $2,500 in additional fees for audit handling.

Is there a filing fee for Form I-140 (Immigrant Petition for Alien Worker)?

Yes. As of 2025, the USCIS filing fee for Form I-140 is $715. An optional premium processing fee of $2,805 may be added for 15-calendar-day adjudication.

Can the employee pay the Form I-140 filing fee?

We recommend that the employer should pay all filing and attorney fees related to the I-140.

What is the premium processing fee for Form I-140, and who can pay it?

The premium processing fee is currently $2,805. Either the employer or the employee can pay for premium processing. It is not mandatory and simply accelerates USCIS processing time.

What is the cost of adjusting status in the U.S. via Form I-485?

As of 2025, the USCIS filing fee for Form I-485 is:

$1,440 for applicants age 14 and older
$950 for applicants under age 14 filing with a parent

Additional related fees include:

Form I-765 (EAD): $260
Form I-131 (Advance Parole): $630

Who pays for the Form I-485 and related fees?

The employee or applicant typically pays the Form I-485 and related application fees (I-765, I-131), though some employers choose to cover them as part of their benefits or immigration sponsorship policy.

Is there a difference in cost for consular processing instead of adjustment of status?

Yes. If an applicant processes the green card at a U.S. consulate abroad (consular processing), fees include:

Form I-140 filing fee: $715
DS-260 immigrant visa fee: $325
Affidavit of Support fee (Form I-864): $120 (if required)
Medical exam: ~$200–$500 (varies by location)

These costs are generally borne by the employee/applicant, unless the employer agrees to cover them.

Can employers pay for the Form I-485 and consular processing fees?

Yes. Employers may pay these fees, although they are not required to by law. The employee may also pay them.

Are there costs for education or degree evaluation during PERM or I-140 stages?

Yes. If the foreign national’s degree is from a non-U.S. institution, a credential evaluation may be required, which usually costs between $150 and $300. This cost may be paid by either party, unless specifically related to PERM, in which case the employer must pay.

Are translation and document certification fees covered by the employer or employee?

Generally, these are considered part of the employee’s personal documentation and may be paid by the employee unless used solely in support of the PERM filing, in which case the employer should cover them.

Is a medical exam required, and who pays for it?

Yes. A medical exam is required for Form I-485 or consular processing. The employee/applicant pays for the medical exam, which typically costs $200 to $500, depending on the provider and location.

What happens if the PERM or I-140 is denied—are the fees refundable?

No. USCIS and DOL filing fees are non-refundable, even if the case is denied. Likewise, most attorneys do not refund flat fees once work has begun, though some offer partial refunds or credits depending on the stage of the case.

Can employees reimburse the employer for PERM-related costs after the fact?

No. Under DOL regulations, employers may not seek reimbursement from employees—directly or indirectly—for any PERM-related expenses, including attorney or recruitment costs.

Are PERM-related costs tax-deductible for the employer?

Possibly. Some employers may treat immigration-related legal and recruitment expenses as business expenses for tax purposes. Employers should consult their tax advisor for proper treatment.

What is the cost difference between hiring a solo attorney vs. a large law firm?

Solo attorneys may charge less—starting at $3,000—while larger or nationally recognized firms may charge between $5,000 and $10,000 for PERM and I-140 filings. Service level, audit preparedness, and communication practices often vary.

Does hiring an attorney guarantee approval of the PERM or I-140?

No. While an experienced attorney significantly improves your chances of success and compliance, no outcome can be guaranteed. Success depends on job qualifications, documentation, and labor market test results.

Is it better to use flat-fee or hourly-fee immigration attorneys?

Flat-fee arrangements offer predictability and are preferred for PERM and green card filings. Hourly billing may make sense for unusual or highly complex cases with uncertain scope.

Can multiple foreign workers be sponsored for the same position using the same PERM application?

No. Each PERM labor certification must be position- and person-specific. You must file a separate PERM and I-140 for each beneficiary, even if they are applying for similar roles.

Why Work with Herman Legal Group?

We’ve helped hundreds of employers and skilled workers navigate PERM and green card processes with:

Over 30 years of immigration experience
Multilingual legal team
Award-winning service and reputation
Nationwide representation

Whether you need help with job descriptions, prevailing wage requests, or complex audits, we’ll walk you through every step with precision and care.

Need Help with PERM Certification?

Contact Herman Legal Group Today
We offer free consultations to evaluate your case and quote a flat legal fee.

Website: lawfirm4immigrants.com
Phone: Contact Us
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