EB-3 government fees are the mandatory fees paid to US government agencies during case processing. This is the most transparent part of the total cost, since the fee levels are publicly posted. Understanding these fees and who pays them helps you control costs and spot violations. This article breaks it down.
Knowing exactly which items are government fees helps you distinguish them from service fees, so the two are not blended together and charged as one.
What does the EB-3 government fee include
In an EB-3 case, the most significant government fee is usually tied to the I-140 petition. According to U.S. Citizenship and Immigration Services (USCIS), this petition has a base filing fee paid to the agency.
In addition, many employers must also pay an asylum program fee when filing the petition. This fee varies by company size, with small businesses and nonprofit organizations receiving discounts or exemptions. These are the costs tied to the petition stage.
Fees at the later stage
At the final stage, there are additional fees depending on the processing path. For those adjusting status within the US, there is a fee for the green card application. For those processing through a consulate, there is an immigrant visa fee charged per person.
In addition, if you choose premium processing for the petition, there is a separate additional fee. According to U.S. Citizenship and Immigration Services (USCIS), all these fee amounts are published and updated in line with regulations, so you need to check the current figures at the time of filing.
Who pays what under the law
This is the most important part to understand. US law requires the employer to bear the costs related to the labor certification step, including recruitment costs. The candidate must not pay these costs.
Other fees such as the immigrant visa fee or the medical exam are usually paid by the candidate. Clearly distinguishing who pays what helps you spot violations: if you are asked to pay a cost that is the employer’s responsibility, that is a sign to be cautious.
Why you need to distinguish government fees from service fees
A common mistake is lumping government fees and service fees into a single figure. This makes it hard for participants to know where their money is going and makes it easier to be charged unreasonably high fees.
Since government fees are publicly posted, you can verify them yourself. When you receive a quote, ask that it clearly separate which items are government fees and which are service fees. This transparency is a sign of a reputable firm.
Summary
EB-3 government fees include the petition filing fee, the asylum program fee, fees at the final stage, and the premium processing fee if chosen, all of which are publicly posted. The employer must bear the labor certification costs under the law. You should ask that government fees and service fees be clearly separated so you can control costs.
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References
- U.S. Citizenship and Immigration Services (USCIS), Form I-140 – https://www.uscis.gov/i-140
- U.S. Citizenship and Immigration Services (USCIS), Fee Schedule – https://www.uscis.gov/g-1055
Read more: Overview of the EB-3 visa for US immigration · Affidavit of Support EB-3: When a Financial Sponsor Is Needed
