Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, and is likewise known as “Labor Certification,” is the first action of the most common green card classification utilized by employers to sponsor a worker for permanent home in the United States. Through this procedure, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), likewise called Lawful Permanent Residence. There are several categories of jobs eligible for employment-based migration according to EB3 or EB2 criteria. The Department of Labor manages this procedure, that includes “testing the labor market” to reveal that there are no U.S. workers who are able, willing, competent or readily available to fill the function.

Who can apply?

Generally, any employer can sponsor any staff member for long-term home. This procedure is done for jobs ranging from dishwashing machine to doctor. Most tasks need a PERM application, however there are some professions that do not, consisting of nurses, physical therapists, individuals of “remarkable ability,” and those operating in the “national interest” (especially those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full-time and “irreversible” (which implies lasting more than a year without any fixed end date). The employer needs to be actively involved in the petition procedure, sharing financial info to show ability to pay the government-approved wage, and employment paying all of the costs involved in the PERM application (without charging that cash back to the staff member).

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

Getting a green card through PERM is a multi-step procedure. It normally takes about 2-3 years, but can be much longer for individuals born in China or India. The total cost will differ depending upon whether you hire a private attorney or have the ability to secure free legal help, but the variety is anywhere from $2,500 (which is type charges, advertising and background/ screening checks) to $20,000 (consisting of premium processing and paying a personal lawyer for the whole procedure). The company is needed to spend for all charges associated with the Department of Labor part of the process. The rest for processing with USCIS is flexible; some companies will provide to repay the USCIS costs if the worker stays a certain number of years.

What are the steps included?

1. First, you need to have an employer prepared to devote to employing you for a full-time, “permanent” position and spend for needed lawyer fees and legal charges.
2. Next, after verifying your eligibility, the attorney will help you file a PERM application and test the labor employment market. Then, the U.S. Department of Labor (DOL) must certify there are no certified U.S. employees readily available for the task.
3. After the PERM application is accredited, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, along with evidence that you, the staff member, are gotten approved for the task, and proof of the company’s ability to pay the salary.
4. Once approved, you might be all set for either Consular Processing (leaving the U.S. for your visa interview abroad) or a Change of Status (from inside the U.S.). A lawyer can inform you which course you are qualified for in order to complete your green card (Permanent Residency) path. At that action, you (and member of the family) will go through a significant background check including medical examination, employment security check, criminal background check, and visa history.

Where can I get help applying for one?

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

Where can I learn more about this ?

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

For additional information, see:

– 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 modifying support from Jesús Flores Rodríguez and employment 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 revising this resource and for providing consultations to our community.

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