Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, employment and is also understood as « Labor Certification, » is the primary step of the most common permit classification used by companies to sponsor a staff member for long-term residence 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 of Labor manages this procedure, that includes « checking the labor market » to reveal that there are no U.S. employees who are able, prepared, employment certified or available to fill the role.

Who can apply?

Generally, any employer can sponsor any employee for permanent home. This procedure is done for jobs varying from dishwashing machine to medical professional. Most tasks require a PERM application, however there are some professions that don’t, consisting of nurses, physical therapists, employment individuals of « extraordinary ability, » and those operating in the « nationwide interest » (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full time and « long-term » (which implies lasting more than a year without any fixed end date). The company should be actively associated with the petition process, sharing monetary information to prove capability to pay the government-approved wage, and paying all of the costs included in the PERM application (without charging that cash back to the employee).

For how long does it take & how much does it cost?

Getting a permit through PERM is a multi-step procedure. It usually takes about 2-3 years, but can be much longer for people born in China or India. The overall expense will vary depending on whether you work with a personal attorney or have the ability to get free legal assistance, however the variety is anywhere from $2,500 (which is type charges, marketing and employment background/ screening checks) to $20,000 (including premium processing and paying a private attorney for the entire process). The company is required to pay for all costs associated with the Department of Labor part of the process. The rest for processing with USCIS is flexible; some employers will provide to compensate the USCIS expenses if the worker stays a particular number of years.

What are the steps involved?

1. First, you need to have an employer willing to dedicate to employing you for a full-time, « long-term » position and pay for needed lawyer charges and legal costs.
2. Next, after validating your eligibility, the attorney will help you file a PERM application and test the labor market. Then, the U.S. Department of Labor employment (DOL) must license there are no qualified U.S. workers available for the task.
3. After the PERM application is licensed, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, in addition to proof that you, the worker, are qualified for the job, and evidence of the employer’s capability to pay the salary.
4. Once approved, you may be all set 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 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 exam, security check, criminal background check, and visa history.

Where can I get assist obtaining 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 migration visa?

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

For additional information, check out:

– USCIS’s Employment-Based Immigration: employment 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 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 assistance in editing and modifying this resource and for using assessments to our community.

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