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Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which means Program Electronic Review Management, and is likewise referred to as “Labor Certification,” is the initial step of the most typical green card category used by employers to sponsor a worker for long-term residence in the United States. Through this process, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), likewise called Lawful Permanent Residence. There are several classifications of tasks qualified for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor oversees this process, that includes “checking the labor market” to reveal that there are no U.S. workers who are able, willing, competent or offered to fill the function.

Who can apply?

Generally, any employer can sponsor any worker for permanent house. This process is done for jobs varying from dishwashing machine to medical professional. Most tasks need a PERM application, but there are some occupations that do not, including nurses, physiotherapists, people of “exceptional capability,” and those operating in the “nationwide interest” (especially those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position should be full-time and “permanent” (which means lasting more than a year with no set end date). The employer should be actively included in the petition procedure, sharing financial information to prove ability to pay the government-approved wage, and paying all of the costs associated with the PERM application (without charging that cash back to the staff member).

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

Getting a permit through PERM is a multi-step process. It normally takes about 2-3 years, however can be much longer for people born in China or India. The total cost will vary depending upon whether you work with a private attorney or have the ability to get complimentary legal help, however the range is anywhere from $2,500 (which is kind fees, advertising and employment background/ screening checks) to $20,000 (including premium processing and paying a private attorney for the whole process). The employer is required to spend for all costs related to the Department of Labor part of the procedure. The rest for processing with USCIS is flexible; some employers will use to reimburse the USCIS costs if the worker stays a particular number of years.

What are the steps involved?

1. First, you require to have a company happy to dedicate to employing you for a full-time, “long-term” position and spend for needed attorney fees and legal charges.
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 (DOL) must accredit there are no competent U.S. employees offered for the job.
3. After the PERM application is certified, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, in addition to proof that you, the worker, are for the task, and proof of the company’s capability to pay the income.
4. Once authorized, you might be ready for either Consular Processing (leaving the U.S. for your visa interview abroad) or a Change of Status (from inside the U.S.). A lawyer can inform you which path you are qualified for in order to complete your permit (Permanent Residency) path. At that step, you (and relative) will undergo a substantial background check including medical test, security check, criminal background check, and visa history.

Where can I get help getting one?

– American Immigration Lawyers Association: ailalawyer.com
– Curran, Berger & Kludt Immigration Law: employment 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

To find out more, check out:

– USCIS’s Employment-Based Immigration: Third Preference EB-3
– U.S. Department of Labor’s Foreign Labor Certification: How Do I questions
– University of Michigan’s Green Card Application Process

This resource was developed by Denia Pérez, Esq. and Marilia Zellner, Esq. with the modifying assistance 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 employment Executive Director of Pathway for Immigrant Workers, for their support in editing and revising this resource and for providing consultations to our neighborhood.

Immigrants Rising helps you make choices based upon your potential, not your viewed limitations. Visit our site so you can see what’s possible: immigrantsrising.org. Released 3/2023.