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 primary step of the most common permit category utilized by employers to sponsor a worker for permanent home in the United States. Through this process, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), likewise called Lawful Permanent Residence. There are a number of categories of tasks qualified for employment-based migration according to EB3 or job EB2 requirements. The Department of Labor oversees this process, which includes “checking the labor market” to show that there are no U.S. employees who are able, willing, qualified or available to fill the function.

Who can use?

Generally, any company can sponsor any staff member for long-term home. This process is provided for tasks ranging from dishwasher to medical professional. Most a PERM application, however there are some professions that do not, including nurses, physical therapists, individuals of “extraordinary capability,” and those working in the “national interest” (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position should be full-time and “permanent” (which implies lasting more than a year without any fixed end date). The employer must be actively involved in the petition procedure, sharing financial info to show capability to pay the government-approved wage, and paying all of the expenses involved in the PERM application (without charging that refund to the worker).

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

Getting a green card through PERM is a multi-step procedure. It generally takes about 2-3 years, however can be a lot longer for individuals born in China or India. The total expense will differ depending upon whether you work with a personal lawyer or have the ability to secure free legal assistance, but the variety is anywhere from $2,500 (which is type charges, advertising and background/ screening checks) to $20,000 (including premium processing and paying a personal lawyer for the whole procedure). The employer is needed to spend for all charges associated with the Department of Labor part of the process. The rest for processing with USCIS is flexible; some employers will use to repay the USCIS costs if the employee remains a certain number of years.

What are the actions involved?

1. First, you need to have an employer happy to devote to employing you for a full-time, “irreversible” position and pay for required lawyer costs and legal charges.
2. Next, after verifying your eligibility, the lawyer will help you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must certify there are no competent U.S. employees offered for the job.
3. After the PERM application is certified, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, together with evidence that you, job the staff member, are gotten approved for the job, and evidence of the employer’s capability to pay the income.
4. Once approved, you might be prepared for job 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 course you are qualified for in order to complete your permit (Permanent Residency) path. At that step, you (and family members) will go through a significant background check including medical exam, 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: 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

For more info, go to:

– 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, partner at Curran, Berger & Kludt Immigration Law and Leslie Tuttle Ditrani, Founder and Executive Director of Pathway for Immigrant Workers, for their support in editing and revising this resource and for job offering assessments to our neighborhood.

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