Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which stands for Program Electronic Review Management, and is likewise referred to as “Labor Certification,” is the primary step of the most common green card category utilized by employers to sponsor an employee for permanent house 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 a number of categories of jobs eligible for employment-based migration according to EB3 or EB2 criteria. The Department of Labor supervises this procedure, which consists of “testing the labor market” to show that there are no U.S. workers who are able, prepared, certified or available to fill the role.

Who can apply?

Generally, any company can sponsor any worker for permanent home. This procedure is provided for jobs ranging from dishwashing machine to medical professional. Most tasks need a PERM application, however there are some professions that do not, consisting of nurses, physical therapists, individuals of “remarkable capability,” and those operating in the “nationwide interest” (especially 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 with no fixed end date). The company should be actively involved in the petition process, sharing monetary details to show ability to pay the government-approved wage, and paying all of the expenses associated with the PERM application (without charging that cash back to the staff member).

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, however can be a lot longer for people born in China or India. The total cost will vary depending upon whether you work with a private attorney or have the ability to secure free legal assistance, but the variety is anywhere from $2,500 (which is kind costs, marketing and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a private attorney for the entire procedure). The company 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 companies will offer to reimburse the USCIS costs if the staff member stays a specific variety of years.

What are the actions included?

1. First, you need to have a company prepared to dedicate to employing you for a full-time, “irreversible” position and pay for required lawyer fees and legal fees.
2. Next, after confirming your eligibility, the attorney will assist you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must accredit there are no qualified U.S. workers available for employment the task.
3. After the PERM application is accredited, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, together with proof that you, the worker, are gotten approved for the task, and evidence of the company’s capability to pay the wage.
4. Once approved, you might be ready for employment either Consular Processing (leaving the U.S. for your visa interview abroad) or an Adjustment of Status (from inside the U.S.). An attorney can tell you which path you are qualified for in order to finish your green card (Permanent Residency) path. At that action, you (and family members) will undergo a considerable background check consisting of medical examination, security check, criminal background check, and visa history.

Where can I get assist requesting one?

– American Immigration Lawyers Association: ailalawyer.com
– Curran, Berger & Kludt Immigration Law: employment 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, employment Berger & Kludt Immigration Law’s Permit Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

To learn more, see:

– 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 Application Process

This resource was produced 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 revising this resource and for providing consultations to our neighborhood.

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