Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, and is also known as „Labor Certification,“ is the initial step of the most typical permit classification utilized by employers to sponsor an employee for permanent residence in the United States. Through this procedure, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are a number of classifications of jobs qualified for employment-based migration according to EB3 or EB2 criteria. The Department of Labor manages this process, that includes „testing the labor market“ to reveal that there are no U.S. workers who are able, willing, competent or readily available to fill the role.

Who can use?

Generally, any can sponsor any worker for long-term residence. This process is done for tasks ranging from dishwashing machine to doctor. Most tasks need a PERM application, but there are some occupations that don’t, consisting of nurses, physical therapists, individuals of „exceptional ability,“ and those operating in the „national interest“ (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full-time and „long-term“ (which implies lasting more than a year with no fixed end date). The employer must be actively associated with the petition process, sharing financial details to show ability to pay the government-approved wage, and paying all of the costs involved in the PERM application (without charging that refund to the employee).

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 much longer for individuals born in China or India. The total cost will differ depending on whether you hire a personal lawyer or have the ability to get totally free legal help, however the variety is anywhere from $2,500 (which is form fees, marketing and background/ screening checks) to $20,000 (consisting of premium processing and paying a private attorney for the whole procedure). The company is needed to spend for all fees associated with 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 particular variety of years.

What are the actions involved?

1. First, you need to have an employer going to devote to hiring you for a full-time, „long-term“ position and pay for required attorney fees and legal fees.
2. Next, after confirming your eligibility, the lawyer will assist you file a PERM application and test the labor market. Then, employment the U.S. Department of Labor (DOL) need to license there are no competent 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 worker, are gotten approved for employment the task, and proof of the company’s capability to pay the wage.
4. Once approved, 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 tell you which course you are qualified for in order to complete your green card (Permanent Residency) course. At that step, you (and relative) will go through a significant background check including medical examination, employment security check, criminal background check, and visa history.

Where can I get help 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 learn more about this immigration visa?

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

For more details, 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 Green Card Application Process

This resource was produced by Denia Pérez, Esq. and 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 assistance in editing and revising this resource and for providing consultations to our neighborhood.

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