Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which represents Program Electronic Review Management, and is also referred to as “Labor Certification,” is the primary step of the most typical green card classification used by companies to sponsor a staff member for irreversible house in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), likewise called Lawful Permanent Residence. There are a number of classifications of tasks eligible for employment-based migration according to EB3 or EB2 requirements. The Department of Labor oversees this procedure, which includes “evaluating the labor market” to show that there are no U.S. workers who are able, willing, qualified or available to fill the role.

Who can apply?

Generally, any employer can sponsor any worker for permanent home. This process is done for tasks ranging from dishwasher to doctor. Most jobs need a PERM application, but there are some professions that don’t, 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 needs to be complete time and “long-term” (which means lasting more than a year without any fixed end date). The employer should be actively associated with the petition procedure, referall.us sharing financial info to show ability to pay the government-approved wage, and paying all of the costs associated with the PERM application (without that money back to the employee).

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

Getting a permit through PERM is a multi-step procedure. It normally takes about 2-3 years, but can be much longer for people born in China or India. The total expense will vary depending on whether you hire a personal lawyer or are able to secure free legal assistance, however the range is anywhere from $2,500 (which is type fees, marketing and background/ evaluating checks) to $20,000 (including premium processing and paying a personal attorney for the entire procedure). The employer is required to spend for all costs associated with the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will provide to reimburse the USCIS expenses if the staff member stays a particular variety of years.

What are the actions involved?

1. First, you need to have a company going to devote to employing you for a full-time, “permanent” position and spend for needed attorney costs and legal charges.
2. Next, after confirming your eligibility, the attorney will assist you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must accredit there are no certified U.S. workers available for the task.
3. After the PERM application is licensed, somalibidders.com the company can send it to USCIS with Form I-140 Immigrant Visa Petition, along with proof that you, the worker, are received the task, and proof of the company’s capability to pay the income.
4. Once authorized, you may be prepared 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 tell you which path you are eligible for in order to finish your green card (Permanent Residency) path. At that step, you (and member of the family) will go through a significant background check consisting of medical examination, security check, criminal background check, 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): sites.lawschool.cornell.edu/path2papers

Where can I discover more about this immigration visa?

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

For additional information, 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 Green Card Application Process

This resource was developed by Denia Pérez, Esq. and Marilia Zellner, adremcareers.com 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 editing and modifying this resource and for providing consultations to our community.

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