Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which stands for Program Electronic Review Management, and is also called „Labor Certification,” is the very first action of the most typical green card category used by companies to sponsor a staff member for job permanent house in the United States. Through this process, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are numerous categories of jobs qualified for employment-based immigration according to EB3 or EB2 requirements. The Department of Labor manages this procedure, that includes „evaluating the labor market” to show that there are no U.S. workers who are able, willing, qualified or readily available to fill the role.

Who can use?

Generally, any company can sponsor any staff member for irreversible house. This process is provided for jobs ranging from dishwasher to doctor. Most jobs need a PERM application, however there are some occupations that don’t, including nurses, physiotherapists, individuals of „exceptional 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 full-time and „permanent” (which implies lasting more than a year with no set end date). The company should be actively included in the petition process, sharing financial details to show capability to pay the government-approved wage, and paying all of the costs associated with the PERM application (without charging that money back to the worker).

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

Getting a green card through PERM is a multi-step procedure. It generally takes about 2-3 years, but can be a lot longer for individuals born in China or India. The total cost will differ depending upon whether you hire a personal attorney or are able to secure free legal support, but the variety is anywhere from $2,500 (which is type costs, marketing and background/ screening checks) to $20,000 (consisting of premium processing and paying a private lawyer for the entire procedure). The employer is needed to spend for job all costs associated with the Department of Labor part of the process. The rest for processing with USCIS is negotiable; some companies will provide to repay the USCIS expenses if the staff member stays a specific number of years.

What are the actions included?

1. First, you need to have a company ready to devote to employing you for a full-time, „permanent” position and pay for required attorney charges and legal costs.
2. Next, after your eligibility, the lawyer will assist you submit a PERM application and test the labor market. Then, job the U.S. Department of Labor (DOL) need to certify there are no certified U.S. workers offered for the job.
3. After the PERM application is licensed, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, together with proof that you, the staff member, are received the job, and evidence of the employer’s ability to pay the income.
4. Once authorized, you may be all set for either Consular Processing (leaving the U.S. for your visa interview abroad) or an Adjustment 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) path. At that action, you (and family members) will undergo a significant background check consisting of medical examination, security check, criminal background check, and job 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 migration visa?

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

For additional information, 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 Permit Application Process

This resource was developed 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 job of Pathway for Immigrant Workers, for job their support in editing and revising this resource and for using consultations to our neighborhood.

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