Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which stands for Program Electronic Review Management, employment and is also understood as “Labor Certification,” is the initial step of the most typical permit category utilized by employers to sponsor an employee for permanent house in the United States. Through this process, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), likewise called Lawful Permanent Residence. There are a number of classifications of tasks eligible for employment-based immigration according to EB3 or EB2 requirements. The Department of Labor supervises this process, that includes “evaluating the labor market” to reveal that there are no U.S. employees who are able, willing, competent or employment available to fill the role.

Who can apply?

Generally, any company can sponsor any worker for employment irreversible house. This procedure is done for jobs varying from dishwashing machine to medical professional. Most jobs require a PERM application, but there are some occupations that do not, including nurses, physiotherapists, people of “extraordinary capability,” and those operating in the “nationwide interest” (specifically those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position must be full-time and “irreversible” (which implies lasting more than a year without any set end date). The company should be actively included in the petition process, sharing financial info to show ability to pay the government-approved wage, employment and paying all of the expenses included in the PERM application (without charging that refund to the employee).

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

Getting a green card through PERM is a multi-step process. It typically takes about 2-3 years, however can be much longer for people born in China or India. The overall cost will differ depending upon whether you work with a private lawyer or have the ability to secure free legal support, however the range is anywhere from $2,500 (which is form fees, advertising and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a private attorney for the entire procedure). The employer is needed to spend for all charges connected to the Department of Labor part of the process. The rest for processing with USCIS is negotiable; some companies will provide to reimburse the USCIS expenses if the worker stays a particular number of years.

What are the steps involved?

1. First, you require to have a company ready to dedicate to employing you for a full-time, “irreversible” position and pay for needed lawyer fees and legal fees.
2. Next, after verifying your eligibility, the lawyer will assist you file a PERM application and test the labor employment market. Then, the U.S. Department of Labor (DOL) need to license there are no qualified U.S. employees available for the job.
3. After the PERM application is licensed, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, along with evidence that you, the staff member, are gotten approved for the task, and evidence of the employer’s ability to pay the wage.
4. Once authorized, you might be prepared 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 inform you which path you are qualified for in order to complete your green card (Permanent Residency) path. At that action, you (and relative) will go through a substantial background check including medical examination, security check, criminal background check, and visa history.

Where can I get help requesting one?

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

Where can I discover 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 information, go to:

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

This resource was created 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 assistance in editing and modifying this resource and for employment using consultations to our community.

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