Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which represents Program Electronic Review Management, and is also called “Labor Certification,” is the initial step of the most common green card classification used by to sponsor a staff member for long-term house in the United States. Through this process, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), likewise called Lawful Permanent Residence. There are a number of categories of jobs qualified 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, certified or available to fill the function.

Who can apply?

Generally, any company can sponsor any worker for long-term house. This procedure is done for tasks ranging from dishwasher to physician. Most jobs need a PERM application, however there are some professions that do not, employment including nurses, physical therapists, people of “extraordinary capability,” and those operating in the “nationwide interest” (especially those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position must be complete time and “irreversible” (which indicates lasting more than a year with no set end date). The employer should be actively associated with the petition process, sharing financial information to show capability to pay the government-approved wage, and paying all of the expenses associated with the PERM application (without charging that refund to the worker).

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

Getting a green card through PERM is a multi-step procedure. It usually takes about 2-3 years, employment but can be a lot longer for individuals born in China or India. The overall expense will differ depending upon whether you employ a personal attorney or are able to get complimentary legal support, but the variety is anywhere from $2,500 (which is kind fees, marketing and background/ evaluating checks) to $20,000 (including premium processing and paying a private attorney for the entire procedure). The company is needed to spend for all charges associated with the Department of Labor part of the procedure. The rest for processing with USCIS is flexible; some employers will use to reimburse the USCIS expenses if the employee remains a certain variety of years.

What are the steps included?

1. First, employment you need to have a company willing to devote to hiring you for a full-time, “long-term” position and spend for needed lawyer costs and legal fees.
2. Next, after verifying your eligibility, employment the lawyer will assist you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) need to accredit there are no competent U.S. workers readily available for the task.
3. After the PERM application is accredited, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, along with proof that you, the staff member, are received the job, and evidence of the company’s ability to pay the wage.
4. Once authorized, you might be all set for either Consular Processing (departing the U.S. for your visa interview abroad) or a Change of Status (from inside the U.S.). A lawyer can inform you which path you are qualified for in order to finish your green card (Permanent Residency) path. At that step, you (and member of the family) will go through a considerable background check including medical test, security check, criminal background check, employment and visa history.

Where can I get assist getting 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 find out more about this migration visa?

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

For additional information, 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 Michigan’s Permit Application Process

This resource was produced by Denia Pérez, Esq. and Marilia Zellner, Esq. with the modifying assistance from Jesús Flores Rodríguez and Claire Calderon.

We want to thank Dan Berger, employment partner at Curran, Berger & Kludt Immigration Law and Leslie Tuttle Ditrani, Founder and Executive Director of Pathway for Immigrant Workers, employment for their assistance in modifying and revising this resource and for offering assessments to our neighborhood.

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