Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which means Program Electronic Review Management, and is likewise understood as “Labor Certification,” is the initial step of the most typical permit classification utilized by companies to sponsor a staff member for long-term house in the United States. Through this procedure, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), also called Lawful Permanent Residence. There are several classifications of jobs qualified for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor oversees this procedure, that includes “checking the labor market” to show that there are no U.S. employees who are able, willing, qualified or readily available to fill the role.

Who can apply?

Generally, any employer can sponsor any employee for irreversible house. This process is done for tasks varying from dishwashing machine to physician. Most tasks need a PERM application, but there are some occupations that don’t, consisting of nurses, physiotherapists, individuals of “remarkable capability,” and those working in the “national interest” (especially those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position should be full-time and “long-term” (which implies lasting more than a year with no set end date). The company should be actively involved in the petition process, employment sharing financial information to prove ability to pay the government-approved wage, and paying all of the costs included in the PERM application (without charging that refund to the employee).

How long 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 much longer for individuals born in China or India. The total cost will differ depending on whether you work with a personal attorney or have the ability to secure free legal assistance, but the range is anywhere from $2,500 (which is kind fees, advertising and background/ screening checks) to $20,000 (consisting of premium processing and paying a personal attorney for the whole procedure). The employer is needed to pay for all costs related to the Department of Labor part of the process. The rest for processing with USCIS is flexible; some employers will provide to reimburse the USCIS costs if the employee stays a certain variety of years.

What are the steps involved?

1. First, you need to have an employer going to devote to employing you for a full-time, “long-term” position and spend for needed lawyer costs and legal fees.
2. Next, after verifying your eligibility, the lawyer will assist 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 employer can send it to USCIS with Form I-140 Immigrant Visa Petition, together with proof that you, the worker, are qualified for the job, and proof of the employer’s capability to pay the income.
4. Once authorized, you may 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 tell you which course you are qualified for in order to complete your permit (Permanent Residency) course. At that step, you (and relative) will go through a significant background check consisting of medical examination, security check, criminal background check, employment and visa history.

Where can I get help obtaining one?

– American 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 Permit Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

For more information, visit:

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

This resource was developed by Denia Pérez, Esq. and employment 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, for their support in modifying and modifying this resource and for offering consultations to our community.

Immigrants Rising assists 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.