Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, and is also understood as « Labor Certification, » is the initial step of the most typical green card classification utilized by employers to sponsor a staff member for permanent house in the United States. Through this procedure, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are a number of categories of jobs eligible for employment-based immigration according to EB3 or EB2 requirements. The Department of Labor oversees this procedure, which includes « evaluating the labor market » to reveal that there are no U.S. workers who are able, willing, competent or employment readily available to fill the role.

Who can apply?

Generally, any employer can sponsor any employee for permanent home. This process is provided for jobs ranging from dishwasher to physician. Most jobs require a PERM application, however there are some occupations that don’t, consisting of nurses, physiotherapists, people of « remarkable capability, » and those operating in the « national interest » (specifically those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position should be complete time and « long-term » (which indicates lasting more than a year with no set end date). The company should be actively associated with the petition procedure, sharing financial details to prove capability to pay the wage, employment and paying all of the expenses associated with the PERM application (without charging that refund to the employee).

How long does it take & just how much does it cost?

Getting a permit through PERM is a multi-step process. It typically takes about 2-3 years, but can be a lot longer for individuals born in China or India. The overall expense will vary depending upon whether you employ a private lawyer or are able to secure free legal support, but the variety is anywhere from $2,500 (which is kind charges, advertising and background/ screening checks) to $20,000 (including premium processing and paying a private lawyer for the whole procedure). The employer is required to pay for all costs related to the Department of Labor employment part of the process. The rest for processing with USCIS is flexible; some employers will offer to compensate the USCIS expenses if the worker stays a specific number of years.

What are the actions involved?

1. First, you require to have a company happy to commit to hiring you for a full-time, « irreversible » position and spend for required attorney fees and legal costs.
2. Next, after confirming your eligibility, the lawyer will assist you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must certify there are no certified U.S. employees offered for the task.
3. After the PERM application is certified, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, together with evidence that you, the employee, are received the job, and evidence of the company’s ability to pay the income.
4. Once authorized, you might 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.). An attorney can tell you which path you are eligible for in order to finish your permit (Permanent Residency) course. At that step, you (and family members) will undergo a significant background check including medical test, security check, criminal background check, and visa history.

Where can I get help 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 immigration visa?

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

For additional information, 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 developed by Denia Pérez, Esq. and Marilia Zellner, Esq. with the editing assistance from Jesús Flores Rodríguez and employment 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 providing consultations to our community.

Immigrants Rising assists 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.