Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which represents Program Electronic Review Management, and is likewise called “Labor Certification,” is the first step of the most common permit classification used by employers to sponsor employment an employee for permanent home in the United States. Through this procedure, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are numerous classifications of jobs qualified for employment-based migration according to EB3 or EB2 criteria. The Department of Labor supervises this procedure, which consists of “checking the labor market” to reveal that there are no U.S. workers who are able, willing, qualified or offered to fill the function.

Who can use?

Generally, any company can sponsor any worker for permanent residence. This process is done for tasks varying from dishwasher to medical professional. Most tasks need a PERM application, but there are some occupations that do not, including nurses, physical therapists, people of “exceptional capability,” 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 “long-term” (which indicates lasting more than a year without any set end date). The employer needs to be actively included in the petition procedure, sharing financial details to prove ability to pay the government-approved wage, and employment paying all of the costs associated with the PERM application (without charging that cash back to the employee).

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

Getting a green card through PERM is a multi-step procedure. It typically takes about 2-3 years, but can be a lot longer for individuals born in China or India. The total expense will differ depending on whether you work with a personal lawyer or are able to get totally free legal support, however the range is anywhere from $2,500 (which is type costs, advertising and background/ screening checks) to $20,000 (consisting of premium processing and paying a private lawyer for the whole procedure). The employer is needed to spend for all costs related to the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will provide to repay the USCIS costs if the worker remains a certain number of years.

What are the actions involved?

1. First, you require to have an employer happy to devote to hiring you for a full-time, “permanent” position and pay for required attorney costs and legal costs.
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 license there are no qualified U.S. employees readily available 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 gotten approved for the task, and evidence of the employer’s capability to pay the income.
4. Once approved, you might be all set 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 course you are eligible for in order to finish your green card (Permanent Residency) course. At that action, employment you (and relative) will undergo a significant background check including medical exam, employment 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 learn 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, visit:

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

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

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