Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which stands for Program Electronic Review Management, and is likewise called „Labor Certification,“ is the very first action of the most typical green card category utilized by companies to sponsor an employee for irreversible house in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), also called Lawful Permanent Residence. There are several categories of jobs eligible for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor supervises this procedure, which includes „checking the labor market“ to show that there are no U.S. workers who are able, willing, certified or available to fill the function.

Who can use?

Generally, any employer can sponsor any worker for long-term home. This process is provided for jobs ranging from dishwashing machine to doctor. Most tasks require a PERM application, however there are some professions that do not, including nurses, physical therapists, people of „extraordinary capability,“ and those operating 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 „long-term“ (which implies lasting more than a year without any fixed end date). The company must be actively involved in the petition process, sharing financial info to show ability to pay the government-approved wage, and paying all of the expenses associated with the PERM application (without charging that cash back to the worker).

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

Getting a permit through PERM is a multi-step process. It typically takes about 2-3 years, however can be a lot longer for people born in China or India. The total expense will vary depending upon whether you work with a private lawyer or are able to secure free legal support, but the range is anywhere from $2,500 (which is form charges, advertising and background/ screening checks) to $20,000 (including premium processing and paying a private lawyer for the whole process). The company is required to pay for all fees connected to the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will provide to reimburse the USCIS costs if the worker remains a certain variety of years.

What are the steps included?

1. First, you require to have an employer happy to dedicate to hiring 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 help you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) should accredit there are no competent U.S. employees available for the task.
3. After the PERM application is licensed, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, together with proof that you, job the staff member, are received the job, and proof of the employer’s capability to pay the income.
4. Once authorized, you might be all set 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 eligible for in order to complete your green card (Permanent Residency) course. At that step, you (and relative) will go through a considerable background check including medical examination, security check, criminal background check, and visa history.

Where can I get assist looking 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 Permit Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

To learn more, check out:

– 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, Esq. with the modifying 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 Workers, for their support in modifying and revising this resource and for using assessments to our neighborhood.

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