Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, and is also referred to as « Labor Certification, » is the initial step of the most common permit category used by companies 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 (permit), also called Lawful Permanent Residence. There are several categories of jobs eligible for employment-based migration according to EB3 or EB2 criteria. The Department of Labor supervises this procedure, that includes « testing the labor market » to show that there are no U.S. employees who are able, ready, certified or somalibidders.com offered to fill the role.

Who can apply?

Generally, any company can sponsor any worker for irreversible residence. This procedure is done for tasks varying from dishwashing machine to doctor. Most jobs need a PERM application, however there are some occupations that don’t, consisting of nurses, physiotherapists, people of « exceptional capability, » and those operating in the « national interest » (specifically those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position must be full-time and « irreversible » (which means lasting more than a year without any fixed end date). The employer needs to be actively included in the petition procedure, sharing financial details to prove capability to pay the government-approved wage, and paying all of the expenses associated with the PERM application (without charging that money back to the staff member).

For adremcareers.com how long does it take & just how much does it cost?

Getting a green card 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 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 type costs, marketing and background/ screening checks) to $20,000 (consisting of premium processing and paying a private lawyer for the whole process). The employer is needed to pay for all fees associated with the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will provide to repay the USCIS costs if the staff member stays a particular number of years.

What are the steps included?

1. First, you need to have an employer ready to devote to hiring you for a full-time, « permanent » position and spend for required attorney charges and legal charges.
2. Next, after verifying 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. readily available 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 evidence that you, the staff member, are certified for the task, and evidence of the employer’s ability to pay the income.
4. Once authorized, referall.us you may be ready for either Consular Processing (departing the U.S. for your visa interview abroad) or a Change of Status (from inside the U.S.). A lawyer can tell you which course you are qualified for in order to finish your green card (Permanent Residency) path. At that step, you (and relative) will undergo a substantial background check including medical examination, security check, criminal background check, and visa history.

Where can I get assist 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 find out more about this immigration visa?

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

For more details, visit:

– 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 Green Card 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 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 using consultations to our community.

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