Getting a PERM; An Employment-based Permit

What is PERM?

PERM, employment which stands for Program Electronic Review Management, and is likewise called « Labor Certification, » is the very first step of the most common permit category utilized by employers to sponsor an employee for permanent home in the United States. Through this process, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are numerous classifications of tasks qualified for employment-based migration according to EB3 or EB2 criteria. The Department of Labor oversees this process, which consists of « evaluating the labor market » to reveal that there are no U.S. employees who are able, willing, certified or offered to fill the role.

Who can apply?

Generally, any employer can sponsor any worker for irreversible residence. This process is provided for tasks ranging from dishwashing machine to physician. Most jobs require a PERM application, however there are some occupations that do not, including nurses, physical therapists, people of « extraordinary capability, » and those operating in the « national interest » (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position must be full-time and « irreversible » (which suggests lasting more than a year with no set end date). The company must be actively associated with the petition procedure, sharing financial information to show ability to pay the government-approved wage, and paying all of the expenses associated with the PERM application (without charging that refund to the employee).

The length of time does it take & how much does it cost?

Getting a permit through PERM is a multi-step process. It generally takes about 2-3 years, however can be a lot longer for people born in China or India. The total expense will vary depending upon whether you employ a personal lawyer or are able to get free legal support, but the variety is anywhere from $2,500 (which is form charges, marketing and background/ screening checks) to $20,000 (consisting of premium processing and paying a personal attorney for employment the entire process). The employer is required to pay for all costs 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 worker stays a certain number of years.

What are the actions involved?

1. First, you need to have an employer prepared to devote to hiring you for a full-time, « long-term » position and pay for needed lawyer costs 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) must accredit there are no competent U.S. workers offered for the job.
3. After the PERM application is accredited, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, together with evidence that you, the employee, are received the task, and evidence of the employer’s capability to pay the income.
4. Once approved, you may be prepared for either Consular Processing (leaving the U.S. for your visa interview abroad) or an Adjustment of Status (from inside the U.S.). A lawyer can inform you which path you are eligible for in order to complete your green card (Permanent Residency) path. At that action, you (and relative) will undergo a significant background check consisting of medical examination, employment 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 learn more about this immigration visa?

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

To learn more, check out:

– 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 developed by Denia Pérez, Esq. and Marilia Zellner, Esq. with the modifying 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 modifying and modifying this resource and for using assessments to our neighborhood.

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