Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which represents Program Electronic Review Management, and is likewise known as “Labor Certification,” is the initial step of the most typical green card classification utilized by employers to sponsor a staff member for irreversible residence in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Residence. There are numerous categories of tasks eligible for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor employment supervises this procedure, which consists of “evaluating the labor market” to reveal that there are no U.S. employees who are able, prepared, competent or offered to fill the function.

Who can apply?

Generally, any company can sponsor any employee for irreversible home. This procedure is provided for jobs varying from dishwashing machine to medical professional. Most tasks need a PERM application, but there are some occupations that do not, including nurses, physiotherapists, individuals of “exceptional capability,” and those operating in the “nationwide interest” (specifically those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full-time and “permanent” (which means lasting more than a year without any set end date). The employer must be actively associated with the petition procedure, sharing financial details to prove capability to pay the government-approved wage, and paying all of the costs associated with the PERM application (without charging that refund to the worker).

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

Getting a permit through PERM is a multi-step process. It generally takes about 2-3 years, but can be a lot longer for individuals born in China or India. The total cost will vary depending on whether you employ a private attorney or are able to secure free legal support, but the range is anywhere from $2,500 (which is type costs, advertising and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a personal attorney for the entire procedure). The company is needed to pay for all fees associated with the Department of Labor part of the process. The rest for processing with USCIS is flexible; some companies will use to compensate 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 devote to hiring you for a full-time, “irreversible” position and spend for required attorney charges and legal charges.
2. Next, after verifying your eligibility, the lawyer will assist you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must certify 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, along with evidence that you, the staff member, are gotten approved for the job, and evidence of the company’s capability to pay the income.
4. Once authorized, you may be all set 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 path you are eligible for in order to finish your permit (Permanent Residency) course. At that action, employment you (and member of the family) will undergo a substantial background check including medical test, employment security check, criminal background check, and visa history.

Where can I get help making an application 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 migration visa?

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

For more details, go to:

– 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 created by Denia Pérez, Esq. and Marilia Zellner, Esq. with the editing assistance from Jesús Flores Rodríguez and Claire Calderon.

We wish 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 offering consultations to our community.

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