Getting a PERM; An Employment-based Permit

What is PERM?

PERM, job which stands for Program Electronic Review Management, and is also understood as « Labor Certification, » is the initial step of the most typical permit category utilized by employers to sponsor a worker for permanent residence in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are a number of classifications of jobs eligible for employment-based migration according to EB3 or EB2 criteria. The Department of Labor manages this procedure, which consists of « testing the labor market » to show that there are no U.S. employees who are able, ready, qualified or available to fill the role.

Who can apply?

Generally, any company can sponsor any worker for irreversible house. This procedure is provided for tasks ranging from dishwashing machine to doctor. Most tasks need a PERM application, but there are some professions that don’t, including nurses, physical therapists, people of « remarkable ability, » and those operating in the « national interest » (particularly 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 must be actively associated with the petition process, sharing financial information to prove capability to pay the government-approved wage, and paying all of the costs associated with the PERM application (without charging that cash back to the employee).

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

Getting a green card through PERM is a multi-step process. It typically takes about 2-3 years, but can be much longer for in China or India. The overall cost will vary depending on whether you employ a private attorney or have the ability to get free legal help, job however the variety is anywhere from $2,500 (which is form charges, marketing and background/ screening checks) to $20,000 (including premium processing and paying a private attorney for the entire procedure). The company 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 companies will use to reimburse the USCIS expenses if the staff member stays a particular variety of years.

What are the actions included?

1. First, you need to have a company willing to devote to employing you for a full-time, « permanent » position and spend for needed lawyer costs and legal charges.
2. Next, job after confirming your eligibility, the lawyer will assist you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must accredit there are no qualified 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 evidence that you, the employee, are certified for the job, job and job evidence of the employer’s capability to pay the salary.
4. Once approved, you might be ready for either Consular Processing (leaving the U.S. for your visa interview abroad) or an Adjustment of Status (from inside the U.S.). A lawyer can tell you which path you are qualified for in order to finish your green card (Permanent Residency) course. At that action, you (and member of the family) will undergo a substantial background check including medical examination, job security check, criminal background check, and visa history.

Where can I get assist 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 migration visa?

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

For more details, see:

– 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 created by Denia Pérez, Esq. and Marilia Zellner, Esq. with the editing assistance 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, job for their support in editing and modifying this resource and for offering assessments to our neighborhood.

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