Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which stands for Program Electronic Review Management, and is likewise understood as “Labor Certification,” is the primary step of the most common green card category utilized by employers to sponsor an employee for home in the United States. Through this process, 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 qualified for employment-based immigration according to EB3 or job EB2 criteria. The Department of Labor supervises this process, which includes “evaluating the labor market” to reveal that there are no U.S. workers who are able, ready, competent or offered to fill the function.

Who can use?

Generally, any company can sponsor any employee for irreversible house. This procedure is done for tasks ranging from dishwashing machine to medical professional. Most tasks require a PERM application, but there are some professions that do not, consisting of nurses, job physical therapists, individuals of “extraordinary capability,” and those working in the “nationwide interest” (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be complete time and “irreversible” (which suggests lasting more than a year without any set end date). The company must be actively involved in the petition process, sharing financial info to show capability to pay the government-approved wage, and paying all of the expenses associated with the PERM application (without charging that cash back to the worker).

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

Getting a green card through PERM is a multi-step procedure. It normally takes about 2-3 years, but can be much longer for individuals born in China or India. The overall cost will differ depending on whether you employ a private attorney or are able to secure free legal support, however the variety is anywhere from $2,500 (which is type costs, advertising and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a personal attorney for the whole procedure). The company is needed to spend for all fees related to the Department of Labor part of the procedure. The rest for job processing with USCIS is negotiable; some employers will use to reimburse the USCIS expenses if the worker stays a certain variety of years.

What are the actions included?

1. First, you require to have a company ready to devote to employing you for a full-time, “long-term” position and pay for required attorney fees and legal fees.
2. Next, after validating your eligibility, the attorney 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 competent U.S. employees available for job the job.
3. After the PERM application is licensed, job the company can send it to USCIS with Form I-140 Immigrant Visa Petition, together with proof that you, the employee, are received the task, and proof of the company’s ability to pay the wage.
4. Once approved, you might be ready for either Consular Processing (departing the U.S. for your visa interview abroad) or a Modification of Status (from inside the U.S.). An attorney can tell you which course you are qualified for in order to complete your permit (Permanent Residency) course. At that action, you (and relative) will undergo a considerable background check including medical examination, security check, criminal background check, and visa history.

Where can I get assist obtaining one?

– American Immigration Lawyers Association: ailalawyer.com
– Curran, Berger & Kludt Immigration Law: job cbkimmigration.com
– Pathway for Immigrant Workers: myimmigrantpathway.org
– Path2Papers (P2P): sites.lawschool.cornell.edu/path2papers

Where can I find out more about this migration visa?

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

To learn more, go to:

– USCIS’s Employment-Based Immigration: job 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 produced by Denia Pérez, Esq. and Marilia Zellner, Esq. with the editing 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 Executive Director of Pathway for Immigrant Workers, for their assistance in modifying and revising this resource and for providing consultations to our neighborhood.

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