Getting a PERM; An Employment-based Green Card
What is PERM?
PERM, which means Program Electronic Review Management, and is also called « Labor Certification, » is the very first action of the most common green card classification utilized by companies to sponsor a worker for permanent house in the United States. Through this procedure, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), likewise called Lawful Permanent Residence. There are numerous classifications of jobs qualified for employment-based migration according to EB3 or EB2 requirements. The Department of Labor supervises this procedure, that includes « evaluating the labor market » to reveal that there are no U.S. workers who are able, ready, certified or offered to fill the function.
Who can apply?
Generally, any company can sponsor any staff member for irreversible house. This process is provided for tasks ranging from dishwasher to medical professional. Most jobs need a PERM application, but there are some occupations that do not, including nurses, physical therapists, individuals of « exceptional capability, » and those operating in the « nationwide interest » (especially those in STEM fields with Ph.D. s).
What are the eligibility requirements?
The position must be full-time and « long-term » (which indicates lasting more than a year with no set end date). The employer must be actively involved in the petition procedure, sharing monetary details to show capability to pay the government-approved wage, employment and paying all of the expenses included in the PERM application (without charging that money back to the staff member).
How long does it take & how much does it cost?
Getting a permit through PERM is a multi-step procedure. It usually takes about 2-3 years, however can be much longer for people born in China or India. The total cost will differ depending on whether you employ a personal attorney or are able to get free legal assistance, but the variety is anywhere from $2,500 (which is kind fees, advertising and employment background/ screening checks) to $20,000 (consisting of premium processing and paying a private lawyer for the whole process). The company is needed to pay for employment all costs related to the Department of Labor part of the process. The rest for processing with USCIS is negotiable; some employers will provide to repay the USCIS expenses if the staff member remains a specific number of years.
What are the actions involved?
1. First, you need to have a company happy to dedicate to hiring you for a full-time, « permanent » position and spend for needed lawyer fees and legal costs.
2. Next, after confirming your eligibility, employment the attorney will assist you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) should accredit there are no qualified U.S. employees readily 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, in addition to evidence that you, the worker, are received the task, employment and evidence of the employer’s capability to pay the wage.
4. Once approved, you may be prepared for employment 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 complete your green card (Permanent Residency) course. At that step, you (and family members) will undergo a substantial background check including medical examination, security check, criminal background check, and visa history.
Where can I get assist obtaining 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 learn more, go to:
– USCIS’s Employment-Based Immigration: employment Third Preference EB-3
– U.S. Department of Labor’s Foreign Labor Certification: How Do I questions
– University of Application Process
This resource was developed 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 offering consultations to our neighborhood.
Immigrants Rising assists you make choices based upon your capacity, not your perceived limits. Visit our site so you can see what’s possible: immigrantsrising.org. Released 3/2023.
