Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which stands for Program Electronic Review Management, and is also referred to as “Labor Certification,” is the initial step of the most typical green card classification utilized by companies to sponsor a worker for permanent home in the United States. Through this procedure, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), 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 supervises this process, which includes “evaluating the labor market” to show that there are no U.S. workers who are able, ready, competent or offered to fill the role.

Who can use?

Generally, any employer can sponsor any worker for long-term house. This procedure is provided for tasks ranging from dishwashing machine to doctor. Most tasks need a PERM application, but there are some professions that don’t, including nurses, physical therapists, individuals of “remarkable ability,” and those working in the “nationwide interest” (specifically those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be complete time and “permanent” (which implies lasting more than a year with no set end date). The company needs to be actively included in the petition process, sharing financial information to prove capability to pay the government-approved wage, and paying all of the costs included in the PERM application (without charging that cash back to the employee).

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

Getting a green card through PERM is a multi-step procedure. It usually takes about 2-3 years, employment but can be much longer for people born in China or India. The overall cost will differ depending upon whether you work with a private lawyer or have the ability to get free legal assistance, but the range is anywhere from $2,500 (which is kind fees, advertising and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a private lawyer for the entire process). The employer is required to pay for all costs associated with the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will use to compensate the USCIS expenses if the worker remains a certain variety of years.

What are the steps included?

1. First, you require to have an employer happy to dedicate to hiring you for a full-time, “long-term” position and pay for required attorney charges and legal fees.
2. Next, after confirming your eligibility, the attorney will assist you file a PERM application and employment test the labor market. Then, the U.S. Department of Labor employment (DOL) must accredit there are no qualified U.S. workers offered for the job.
3. After the PERM application is licensed, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, in addition to evidence that you, the staff member, are gotten approved for the task, and evidence of the employer’s ability to pay the salary.
4. Once authorized, you might be ready for either Consular Processing (departing the U.S. for your visa interview abroad) or a Modification of Status (from inside the U.S.). An attorney can tell you which path you are qualified for in order to finish your permit (Permanent Residency) path. At that action, employment you (and relative) will go through a substantial background check including medical examination, security check, criminal background check, and visa history.

Where can I get 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 migration visa?

– Curran, employment Berger & Kludt Immigration Law’s Permit 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 questions
– 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 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 revising this resource and for providing consultations to our neighborhood.

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