Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, and is also called « Labor Certification, » is the primary step of the most common green card classification utilized by employers to sponsor an employee for long-term residence in the United States. Through this procedure, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), also called Lawful Permanent Residence. There are a number of categories of jobs qualified for employment-based migration according to EB3 or EB2 requirements. The Department of Labor oversees this procedure, which includes « testing the labor market » to show that there are no U.S. employees who are able, ready, competent or readily available to fill the role.

Who can use?

Generally, any company can sponsor any worker for permanent residence. This process is provided for tasks ranging from dishwashing machine to physician. Most tasks need a PERM application, but there are some occupations that don’t, including nurses, physiotherapists, people of « extraordinary capability, » and those working in the « nationwide interest » (specifically those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position must be full-time and « long-term » (which indicates lasting more than a year with no fixed end date). The employer should be actively included in the petition procedure, sharing financial details to show 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 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 usually takes about 2-3 years, but can be a lot longer for people born in China or India. The overall cost will vary depending upon whether you hire a private lawyer or have the ability to secure free legal help, but the variety is anywhere from $2,500 (which is kind charges, marketing and background/ screening checks) to $20,000 (including premium processing and paying a private attorney for the entire process). The employer is required to spend for all charges associated with the Department of Labor job part of the process. The rest for processing with USCIS is negotiable; some companies will provide to repay the USCIS expenses if the worker remains a particular variety of years.

What are the actions included?

1. First, you need to have a company happy to commit to hiring you for a full-time, « long-term » position and job spend for needed lawyer costs and legal costs.
2. Next, after validating your eligibility, the attorney will assist you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) need to certify there are no competent U.S. workers offered for the job.
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 employee, are received the task, and proof of the company’s ability to pay the income.
4. Once authorized, you may 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.). An attorney can inform you which course you are eligible for in order to complete your permit (Permanent Residency) course. At that step, you (and member of the family) will go through a significant background check consisting of 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, job Berger & Kludt Immigration Law’s Permit Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

For more information, go to:

– 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 Permit Application Process

This resource was produced by Denia Pérez, Esq. and job Marilia Zellner, Esq. with the 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 assessments to our neighborhood.

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