Who Pays for EB-3 Other Workers? The Rules, the Reality, and What to Watch Out For
By DOL regulation, employers must pay for PERM. But EB-3 reality in 2026 is more nuanced — here's what the law says, what's common practice, and the red flags that signal a bad deal.
The question of who pays for what in an EB-3 Other Workers case is one of the most debated topics in Brazilian immigration communities — and for good reason. The law has clear rules for one part of the process and relative silence on the rest.
What the law clearly prohibits
By DOL regulation, the employer must bear all costs associated with the PERM Labor Certification process. This includes:
- The Prevailing Wage Determination request
- All recruitment advertising (newspaper ads, job boards, state workforce agency posting)
- The attorney or consultant fees for preparing and filing ETA Form 9089
- Any RFI or audit response costs related to the PERM
The employee cannot be charged for any of these costs, directly or indirectly. Structuring an arrangement where the employee effectively reimburses the employer for PERM costs — even through a contract clause — can invalidate the entire case.
What the law is less clear about
The I-140 petition, while filed by the employer, is considered a personal benefit to the employee — it is the formal petition for the employee's permanent residence. DOL regulations do not explicitly prohibit the employee from paying for it. Many immigration attorneys consider it permissible for the employee to voluntarily pay the I-140 filing fee and related attorney costs.
For subsequent phases — NVC fees, DS-260 preparation, I-485 filing fees, medical exam — these are generally considered the applicant's responsibility.
The reality in the EB-3 Other Workers market
Finding an employer willing to sponsor an EB-3 Other Workers case entirely out of pocket — without any form of contribution from the sponsored worker — is very difficult in practice. The total cost to the employer (PERM preparation, recruitment, legal fees, I-140) can exceed $10,000 to $15,000 before a single immigration form is filed with USCIS, and the employer sees no benefit until the worker actually arrives and starts working — which may be 2 to 4 years later.
Because of this, most EB-3 Other Workers cases go through recruiting agencies or consultancies that connect employers with workers. These companies charge consulting fees to the workers — which is where the legal gray zone exists.
Red flags to watch for
- "Guaranteed" results — No one can guarantee PERM certification, I-140 approval, or a specific Visa Bulletin timeline. Any company that guarantees your green card approval is making a promise it cannot keep.
- Very high upfront fees before PERM is even filed — Paying a large sum before your PERM has even been submitted puts you at significant financial risk if the employer withdraws or the agency disappears.
- The employer is a close relative of the applicant — DOL considers sponsoring direct family members ("nepotism") as a factor that can complicate or invalidate the case.
- A single attorney representing both the employer and the beneficiary — The DOL prohibits dual representation, meaning the same attorney cannot legally represent both the employer's PERM interests and the employee's personal immigration interests. This is both a legal concern and a practical conflict of interest.
- No clear contract or accountability — Before paying any fees to any company, understand exactly what you are paying for, what happens if the process is delayed, and what recourse you have if the company fails to deliver its services.
The bottom line
Research thoroughly. Talk to others who have used the same agency or consultancy. Check how their cases appear in community forums and in the Community Wins data on PermQueue. The ranking of assessorias at permqueue.com/assessorias-ranking shows which agencies have the most cases in the community — a useful starting point for evaluating track records.