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 initial step of the most typical permit classification used by companies to sponsor job a worker for irreversible house in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), job also called Lawful Permanent Residence. There are numerous categories of tasks qualified for employment-based immigration according to EB3 or EB2 requirements. The Department of Labor manages this procedure, which includes « testing the labor market » to reveal that there are no U.S. employees who are able, prepared, qualified or available to fill the role.

Who can apply?

Generally, any company can sponsor any staff member for irreversible home. This process is provided for tasks varying from dishwasher to medical professional. Most jobs need a PERM application, however there are some occupations that don’t, including nurses, physical therapists, people of « extraordinary capability, » and those working in the « nationwide interest » (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full time and « irreversible » (which means lasting more than a year without any fixed end date). The employer needs to be actively associated with the petition process, job sharing financial info to prove ability to pay the government-approved wage, and paying all of the costs involved in the PERM application (without charging that cash back to the employee).

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

Getting a permit through PERM is a multi-step procedure. It typically takes about 2-3 years, but can be a lot longer for people born in China or India. The overall expense will differ depending upon whether you work with a private attorney or are able to secure free legal support, however the variety is anywhere from $2,500 (which is type costs, marketing and background/ screening checks) to $20,000 (including premium processing and paying a private attorney for the whole process). The employer is required to spend for all fees related to the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will use to repay the USCIS expenses if the employee remains a specific number of years.

What are the actions involved?

1. First, you need to have a company happy to devote to hiring you for a full-time, « irreversible » position and spend for needed lawyer charges and legal fees.
2. Next, after validating your eligibility, the lawyer will assist you submit a PERM application and test the labor market. Then, the U.S. of Labor (DOL) need to certify there are no competent 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, along with evidence that you, the staff member, are certified for the task, and evidence of the company’s ability to pay the wage.
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.). A lawyer can tell you which course you are qualified for in order to finish your green card (Permanent Residency) course. At that action, you (and family members) will go through a substantial background check including medical examination, security check, criminal background check, and visa history.

Where can I get assist looking for 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 discover more about this immigration visa?

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

For more details, visit:

– 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 Green Card Application Process

This resource was created 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 modifying and modifying this resource and for offering consultations 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.