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Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, and is likewise known as “Labor Certification,” is the primary step of the most typical permit category utilized by companies to sponsor a worker for long-term house in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), employment likewise called Lawful Permanent Residence. There are a number of categories of tasks eligible for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor manages this procedure, which consists of “evaluating the labor market” to show that there are no U.S. workers who are able, ready, qualified or offered to fill the function.

Who can use?

Generally, any employer can sponsor any worker for irreversible residence. This process is provided for jobs varying from dishwasher to physician. Most jobs need a PERM application, but there are some professions that do not, including nurses, physiotherapists, people of “exceptional ability,” and those operating in the “national interest” (especially those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position must be full-time and “long-term” (which implies lasting more than a year with no fixed end date). The company needs to be actively associated with the petition process, sharing monetary information to show ability to pay the government-approved wage, and paying all of the costs involved in the PERM application (without charging that cash back to the worker).

For how long 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, but can be much longer for people born in China or India. The total expense will vary depending upon whether you work with a private lawyer or employment are able to get complimentary legal support, however the variety is anywhere from $2,500 (which is type costs, marketing and background/ evaluating checks) to $20,000 (consisting of and paying a personal lawyer for the entire process). The company is required to pay for all costs connected to the Department of Labor part of the process. The rest for processing with USCIS is negotiable; some companies will use to repay the USCIS costs if the worker stays a particular variety of years.

What are the actions involved?

1. First, employment you require to have an employer happy to devote to hiring you for a full-time, “irreversible” position and spend for required attorney fees and legal costs.
2. Next, after verifying your eligibility, the lawyer will help you file a PERM application and test the labor market. Then, the U.S. Department of Labor employment (DOL) must certify there are no certified U.S. workers available for the job.
3. After the PERM application is accredited, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, along with proof that you, the employee, are qualified for the task, and evidence of the company’s ability to pay the income.
4. Once authorized, you might be ready for either Consular Processing (departing the U.S. for your visa interview abroad) or an Adjustment of Status (from inside the U.S.). An attorney can tell you which course you are eligible for in order to finish your permit (Permanent Residency) path. At that step, you (and household members) will undergo a significant background check consisting of medical examination, security check, criminal background check, employment and visa history.

Where can I get assist applying for one?

– American Immigration Lawyers Association: ailalawyer.com
– Curran, employment Berger & Kludt Immigration Law: cbkimmigration.com
– Pathway for employment 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 find out more, see:

– 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 Permit Application Process

This resource was produced by Denia Pérez, Esq. and Marilia Zellner, Esq. with the editing 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 support in modifying and modifying this resource and for offering consultations to our community.

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