New regulations published by the DOL will require that employers pay costs associated with the filing of a Labor Certification Application. This includes all legal fees related to the employer portion of the PERM process as well as all recruitment and other costs.
This is one of many provisions in the new regulations that will hurt smaller employers and non-profit organizations that need foreign workers. This will put an additional financial burden on employers that may already be hesitant to sponsor an alien due to the myriad of existing attestations and responsibilities. The DOL’s view is that if employers really want to hire these people, they should have to pay all expenses associated with the process.