Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which stands for Program Electronic Review Management, and is likewise called «Labor Certification,» is the primary step of the most typical permit classification utilized by employers to sponsor a staff member for long-term house in the United States. Through this procedure, employment specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), also called Lawful Permanent Residence. There are numerous categories of jobs eligible for employment-based migration according to EB3 or EB2 criteria. The Department of Labor oversees this process, that includes «testing the labor market» to show that there are no U.S. workers who are able, prepared, competent or available to fill the role.

Who can apply?

Generally, any company can sponsor any employee for permanent home. This procedure is provided for tasks varying from dishwashing machine to doctor. Most jobs require a PERM application, however there are some occupations that don’t, including nurses, physical therapists, people of «exceptional ability,» and those working 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 set end date). The company needs to be actively associated with the petition procedure, sharing financial info to prove ability to pay the government-approved wage, and paying all of the expenses associated with the PERM application (without charging that cash back to the employee).

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

Getting a green card through PERM is a multi-step procedure. It generally takes about 2-3 years, employment but can be much longer for individuals born in China or India. The total expense will vary depending on whether you employ a personal attorney or are able to get complimentary legal support, but the variety is anywhere from $2,500 (which is kind fees, advertising and background/ screening checks) to $20,000 (including premium processing and paying a personal lawyer for the whole process). The company is required to pay for all charges related to the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will use to compensate the USCIS costs if the staff member stays a particular number of years.

What are the steps involved?

1. First, you need to have an employer ready to devote to employing you for a full-time, «long-term» position and pay for needed lawyer fees and legal fees.
2. Next, after confirming your eligibility, the attorney will assist you submit a PERM application and test the labor market. Then, the U.S. Department of Labor employment (DOL) need to license there are no competent U.S. employees available 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 proof that you, the employee, employment are received the task, and evidence of the employer’s ability to pay the income.
4. Once authorized, you might be all set for either Consular Processing (departing the U.S. for your visa interview abroad) or an Adjustment of Status (from inside the U.S.). A lawyer can tell you which course you are qualified for in order to complete your permit (Permanent Residency) path. At that action, you (and member of the family) will undergo a considerable background check including medical examination, security check, criminal background check, and visa history.

Where can I get help requesting 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, Berger & Kludt Immigration Law’s Permit Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

For more info, visit:

– USCIS’s Employment-Based Immigration: Third Preference EB-3
– U.S. Department of Labor’s Foreign Labor Certification: How Do I
– University of Michigan’s Green Card 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 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 modifying this resource and for using consultations to our neighborhood.

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