Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which represents Program Electronic Review Management, and is likewise understood as “Labor Certification,” is the initial step of the most common permit classification used by companies to sponsor an employee for permanent residence in the United States. Through this process, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are numerous classifications of tasks eligible for employment-based migration according to EB3 or EB2 requirements. The Department of Labor oversees this procedure, which consists of “evaluating the labor market” to show that there are no U.S. workers who are able, job ready, competent or available to fill the function.

Who can apply?

Generally, any company can sponsor any employee for permanent residence. 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, physiotherapists, individuals of “exceptional capability,” and job those operating in the “national interest” (specifically those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position must be complete time and “long-term” (which indicates lasting more than a year without any set end date). The employer should be actively involved in the petition procedure, sharing monetary information to prove ability to pay the government-approved wage, and paying all of the costs associated with the PERM application (without charging that cash back to the worker).

The length of time 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 a lot longer for individuals born in China or India. The total expense will vary depending on whether you work with a personal attorney or have the ability to secure free legal assistance, but the range is anywhere from $2,500 (which is kind fees, advertising and background/ screening checks) to $20,000 (including premium processing and paying a personal attorney for the entire procedure). The employer is required to pay for all fees related to the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some companies will use to compensate the USCIS costs if the staff member remains a particular number of years.

What are the actions included?

1. First, you need to have a company going to dedicate to hiring you for a full-time, “long-term” position and pay for required attorney charges and legal fees.
2. Next, after verifying your eligibility, the lawyer will assist you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) need to accredit there are no qualified U.S. workers 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, job in addition to evidence that you, the employee, are received the job, and job evidence of the company’s capability to pay the income.
4. Once authorized, you may be prepared for either Consular Processing (leaving 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 complete your permit (Permanent Residency) course. At that action, you (and relative) will undergo a substantial background check including medical examination, security check, criminal background check, and visa history.

Where can I get help obtaining one?

– American Immigration Lawyers Association: ailalawyer.com
– Curran, Berger & Kludt Immigration Law: cbkimmigration.com
– Pathway for Immigrant Workers: myimmigrantpathway.org
– Path2Papers (P2P): .cornell.edu/path2papers

Where can I find out more about this immigration visa?

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

For additional information, 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 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 assistance in editing and revising this resource and for offering consultations to our neighborhood.

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