Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, and is also referred to as “Labor Certification,” is the initial step of the most typical permit classification utilized by companies to sponsor a staff member for permanent residence in the United States. Through this process, particular 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 migration according to EB3 or EB2 requirements. The Department of Labor manages this procedure, that includes “evaluating the labor market” to show that there are no U.S. workers who are able, ready, competent or offered to fill the role.

Who can use?

Generally, any employer can sponsor any worker for employment long-term residence. 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 don’t, including nurses, physiotherapists, people of “exceptional capability,” and employment those working in the “national interest” (especially those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full-time and “permanent” (which suggests lasting more than a year with no set end date). The company must be actively associated with the petition procedure, sharing monetary info to show capability to pay the government-approved wage, and paying all of the expenses included in the PERM application (without charging that refund to the staff member).

For employment how long does it take & how much does it cost?

Getting a green card through PERM is a multi-step process. It usually takes about 2-3 years, employment however can be a lot longer for people born in China or India. The overall cost will vary depending on whether you work with a private attorney or are able to get complimentary legal help, but the variety is anywhere from $2,500 (which is kind charges, marketing and background/ screening checks) to $20,000 (including premium processing and paying a personal attorney for the entire process). The company is needed to pay for all fees connected to the Department of Labor part of the process. The rest for processing with USCIS is flexible; some companies will offer to compensate the USCIS costs if the worker stays a specific number of years.

What are the steps included?

1. First, you require to have a company going to devote to hiring you for a full-time, “long-term” position and pay for required lawyer fees and legal fees.
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) need to accredit there are no competent U.S. workers available for the job.
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 staff member, are gotten approved for the task, and evidence of the company’s capability to pay the salary.
4. Once approved, you might be ready for either Consular Processing (leaving the U.S. for your abroad) or a Change of Status (from inside the U.S.). An attorney can inform you which course you are eligible for in order to complete your green card (Permanent Residency) course. At that action, you (and member of the family) will undergo a significant background check consisting of medical examination, security check, criminal background check, employment and visa history.

Where can I get help making an application for one?

– American Immigration Lawyers Association: ailalawyer.com
– Curran, Berger & Kludt Immigration Law: cbkimmigration.com
– Pathway for Immigrant Workers: myimmigrantpathway.org
– Path2Papers (P2P): employment 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

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 developed by Denia Pérez, Esq. and Marilia Zellner, Esq. with the editing support 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, for their support in editing and modifying this resource and for providing assessments to our community.

Immigrants Rising assists you make decisions based on your capacity, not your viewed limitations. Visit our website so you can see what’s possible: immigrantsrising.org. Released 3/2023.