Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which stands for Program Electronic Review Management, and employment is also referred to as « Labor Certification, » is the initial step of the most common permit classification utilized by employers to sponsor employment a worker for long-term residence in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), also called Lawful Permanent Residence. There are numerous categories of jobs eligible for employment-based migration according to EB3 or EB2 requirements. The Department of Labor oversees this procedure, that includes « evaluating the labor market » to show that there are no U.S. workers who are able, prepared, competent or available to fill the role.

Who can use?

Generally, any employer can sponsor any worker for irreversible home. This procedure is done for jobs ranging from dishwashing machine to medical professional. Most jobs need a PERM application, however there are some occupations that don’t, employment including nurses, physiotherapists, individuals of « remarkable ability, » and those operating in the « national interest » (specifically those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be complete time and « irreversible » (which implies lasting more than a year with no set end date). The company must be actively involved in the petition process, sharing monetary information to prove capability 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).

For employment how long does it take & just 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 individuals born in China or India. The overall cost will vary depending upon whether you employ a private lawyer or are able to get totally free legal assistance, but the variety is anywhere from $2,500 (which is type fees, advertising and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a private lawyer for the whole process). The employer is required to pay for all costs associated with the Department of Labor part of the process. The rest for employment processing with USCIS is flexible; some companies will provide to repay the USCIS costs if the employee stays a certain number of years.

What are the actions included?

1. First, you need to have a company going to dedicate to employing you for a full-time, « irreversible » position and pay for employment needed attorney fees and legal charges.
2. Next, after confirming your eligibility, the lawyer will help you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) should license there are no competent U.S. employees available for the task.
3. After the PERM application is accredited, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, in addition to proof that you, the staff member, are certified for the job, and proof of the employer’s capability to pay the salary.
4. Once approved, you might be prepared for either Consular Processing (departing the U.S. for your visa interview abroad) or a Change of Status (from inside the U.S.). An attorney can tell you which course you are eligible for in order to complete your permit (Permanent Residency) path. At that step, you (and relative) will undergo a significant background check including 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: 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 & Law’s Green Card Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

For additional information, employment 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 modifying 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 modifying this resource and for providing consultations to our neighborhood.

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