Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which represents Program Electronic Review Management, and is also understood as „Labor Certification,“ is the first action of the most typical green card classification utilized by companies to sponsor a staff member for long-term home in the United States. Through this procedure, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), employment also called Lawful Permanent Residence. There are numerous categories of tasks eligible for employment-based migration according to EB3 or EB2 requirements. The Department of Labor manages this process, that includes „checking the labor market“ to reveal that there are no U.S. employees who are able, willing, qualified or offered to fill the role.

Who can apply?

Generally, any company can sponsor any employee for irreversible house. This process is provided for tasks varying from dishwasher to medical professional. Most tasks need a PERM application, however there are some occupations that don’t, consisting of nurses, physiotherapists, individuals of „remarkable ability,“ and employment those working in the „national interest“ (specifically those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position must be full-time and „permanent“ (which means more than a year with no fixed end date). The employer should be actively involved in the petition process, sharing monetary info to show capability to pay the government-approved wage, and paying all of the expenses included in the PERM application (without charging that refund to the employee).

How long does it take & just how much does it cost?

Getting a green card through PERM is a multi-step procedure. It typically takes about 2-3 years, but can be much longer for people born in China or India. The overall cost will vary depending on whether you work with a private attorney or are able to secure free legal help, but the variety is anywhere from $2,500 (which is form costs, marketing and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a private lawyer for the whole process). The employer is needed to spend for all charges related to the Department of Labor part of the process. The rest for processing with USCIS is flexible; some companies will use to reimburse the USCIS costs if the staff member stays a specific number of years.

What are the actions involved?

1. First, you require to have an employer going to dedicate to hiring you for a full-time, „long-term“ position and spend for needed attorney fees and legal costs.
2. Next, after verifying 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 license there are no qualified U.S. employees available for the job.
3. After the PERM application is certified, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, along with evidence that you, the worker, are gotten approved for the job, and evidence of the employer’s ability to pay the salary.
4. Once approved, you may be prepared for either Consular Processing (departing the U.S. for your visa interview abroad) or an Adjustment of Status (from inside the U.S.). A lawyer can inform you which path you are qualified for in order to finish your permit (Permanent Residency) course. At that action, you (and family members) will undergo a significant background check consisting of medical examination, security check, criminal background check, and visa history.

Where can I get help getting 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 discover more about this immigration visa?

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

For more information, go to:

– 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 Permit Application Process

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

We wish 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 support in modifying and revising this resource and for using consultations to our neighborhood.

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