Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which stands for Program Electronic Review Management, and is likewise referred to as “Labor Certification,” is the first action of the most typical permit category used by companies to sponsor an employee for permanent residence in the United States. Through this procedure, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), also called Lawful Permanent Residence. There are numerous categories of jobs eligible for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor oversees this process, that includes “evaluating the labor market” to reveal that there are no U.S. employees who are able, ready, qualified or readily available to fill the function.

Who can apply?

Generally, any employer can sponsor any staff member for long-term house. This process is provided for jobs varying from machine to physician. Most jobs require a PERM application, but there are some occupations that don’t, consisting of nurses, physiotherapists, individuals of “extraordinary ability,” and those working in the “national interest” (specifically 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 set end date). The employer should be actively associated with the petition procedure, sharing monetary details to show ability to pay the government-approved wage, and paying all of the costs included in the PERM application (without charging that refund to the worker).

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

Getting a green card through PERM is a multi-step process. It usually takes about 2-3 years, but can be much longer for individuals born in China or India. The total expense will vary depending on whether you employ a personal attorney or are able to get complimentary legal support, employment but the variety is anywhere from $2,500 (which is type charges, advertising and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a personal lawyer for the entire process). The company is required to spend for all costs associated with the Department of Labor part of the procedure. The rest for processing with USCIS is flexible; some companies will use to repay the USCIS costs if the worker remains a specific number of years.

What are the steps involved?

1. First, you need to have a company ready to dedicate to hiring you for a full-time, “permanent” position and spend for needed attorney charges and legal charges.
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 employment (DOL) should certify there are no competent 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, together with evidence that you, the staff member, are gotten approved for the job, employment and evidence of the company’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 a Change of Status (from inside the U.S.). An attorney can tell you which path you are eligible for in order to finish your permit (Permanent Residency) course. At that action, you (and family members) will undergo a significant background check including medical exam, security check, criminal background check, and employment 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 find out more about this migration visa?

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

To find out more, see:

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

This resource was produced by Denia Pérez, Esq. and Marilia Zellner, employment Esq. with the editing assistance 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 modifying and revising this resource and for providing assessments to our community.

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