Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which stands for Program Electronic Review Management, and is likewise understood as “Labor Certification,” is the primary step of the most typical permit category used by companies to sponsor an employee for irreversible home in the United States. Through this procedure, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), job 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 oversees this process, which includes “checking the labor market” to reveal that there are no U.S. employees who are able, willing, competent or readily available to fill the function.

Who can use?

Generally, any company can sponsor any employee for irreversible house. This process is done for job jobs ranging from dishwashing machine to physician. Most jobs need a PERM application, however there are some occupations that don’t, including nurses, physiotherapists, individuals of “extraordinary ability,” and those operating in the “nationwide interest” (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position should be full-time and “permanent” (which implies lasting more than a year with no fixed end date). The employer needs to be actively associated with the petition process, sharing financial info to show ability to pay the government-approved wage, and paying all of the costs associated with the PERM application (without charging that refund to the worker).

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

Getting a permit through PERM is a multi-step process. It generally takes about 2-3 years, however can be much longer for people born in China or India. The total cost will vary depending on whether you employ a personal attorney or are able to get totally free legal support, however the range is anywhere from $2,500 (which is form fees, marketing and background/ evaluating checks) to $20,000 (including premium processing and paying a private attorney for the whole process). The employer is required to pay for all costs connected to the Department of Labor part of the procedure. The rest for processing with USCIS is flexible; some employers will provide to repay the USCIS costs if the employee stays a certain number of years.

What are the actions involved?

1. First, you need to have an employer ready to dedicate to hiring you for a full-time, “irreversible” position and spend for needed attorney costs and legal charges.
2. Next, after confirming your eligibility, the attorney will assist you file a PERM application and job test the labor market. Then, the U.S. Department of Labor (DOL) need to license there are no certified U.S. workers offered for the task.
3. After the PERM application is licensed, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, in addition to evidence that you, the worker, are certified for the job, and evidence of the employer’s capability to pay the wage.
4. Once authorized, you might be ready for either Consular Processing (leaving the U.S. for your visa interview abroad) or a of Status (from inside the U.S.). A lawyer can tell you which path you are eligible for in order to finish your green card (Permanent Residency) course. At that action, you (and member of the family) will undergo a significant background check including medical examination, security check, criminal background check, and visa history.

Where can I get help requesting 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 find out more about this immigration visa?

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

For additional information, go to:

– USCIS’s Employment-Based Immigration: Third Preference EB-3
– U.S. Department of Labor’s Foreign Labor Certification: How Do I questions
– 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 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 support in editing and modifying this resource and for using consultations to our community.

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