Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which means Program Electronic Review Management, and is likewise known as “Labor Certification,” is the initial step of the most typical green card classification used by employers to sponsor an employee for permanent residence in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), likewise called Lawful Permanent Residence. There are a number of classifications of tasks eligible for employment-based migration according to EB3 or EB2 requirements. The Department of Labor manages this procedure, which consists of “evaluating the labor market” to show that there are no U.S. employees who are able, employment willing, certified or offered to fill the role.

Who can apply?

Generally, any employer can sponsor any staff member for irreversible home. This procedure is provided for tasks ranging from dishwasher to doctor. Most tasks need a PERM application, but there are some occupations that do not, consisting of nurses, physiotherapists, individuals of “exceptional ability,” and those operating in the “nationwide interest” (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full-time and “irreversible” (which indicates lasting more than a year with no set end date). The employer must be actively associated with the petition procedure, sharing financial info to show ability to pay the government-approved wage, and employment paying all of the costs included in the PERM application (without charging that money back to the staff member).

The length of time does it take & how much does it cost?

Getting a green card through PERM is a multi-step process. It typically takes about 2-3 years, employment however can be much longer for people born in China or India. The total expense will differ depending upon whether you work with a private attorney or are able to secure free legal help, however the variety is anywhere from $2,500 (which is form charges, advertising and background/ screening checks) to $20,000 (including premium processing and paying a personal lawyer for the entire process). The company is required to pay for all costs connected to the Department of Labor part of the process. The rest for with USCIS is negotiable; some companies will provide to compensate the USCIS costs if the employee stays a certain number of years.

What are the actions included?

1. First, you require to have a company happy to dedicate to hiring you for a full-time, “permanent” position and pay for required attorney fees and legal charges.
2. Next, after confirming your eligibility, the attorney will help you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) need to certify there are no qualified U.S. workers offered for the task.
3. After the PERM application is accredited, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, in addition to proof that you, the staff member, are certified for the task, and evidence of the employer’s ability to pay the wage.
4. Once authorized, you may be prepared for either Consular Processing (leaving the U.S. for your visa interview abroad) or a Modification of Status (from inside the U.S.). A lawyer can tell you which course you are eligible for in order to complete your green card (Permanent Residency) course. At that step, you (and household members) will go through a considerable background check including medical examination, employment security check, criminal background check, and visa history.

Where can I get help making an application for one?

– American Immigration Lawyers Association: ailalawyer.com
– Curran, Berger & Kludt Immigration Law: cbkimmigration.com
– Pathway for Immigrant Workers: myimmigrantpathway.org
– Path2Papers (P2P): sites.lawschool.cornell.edu/path2papers

Where can I learn more about this immigration visa?

– Curran, Berger & Kludt Immigration Law’s Permit Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

To find out more, check out:

– USCIS’s Employment-Based Immigration: Third Preference EB-3
– U.S. Department of Labor’s Foreign Labor Certification: How Do I concerns
– University of Michigan’s Green Card Application Process

This resource was developed by Denia Pérez, Esq. and Marilia Zellner, Esq. with the modifying support from Jesús Flores Rodríguez and Claire Calderon.

We want to thank Dan Berger, partner at Curran, Berger & Kludt Immigration Law and Leslie Tuttle Ditrani, Founder and Executive Director of Pathway for Immigrant Workers, for their assistance in modifying and modifying this resource and for using assessments to our community.

Immigrants Rising helps you make choices based upon your potential, not your perceived limits. Visit our site so you can see what’s possible: immigrantsrising.org. Released 3/2023.