Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which stands for Program Electronic Review Management, and is also referred to as “Labor Certification,” is the first step of the most common green card category utilized by employers to sponsor a staff member for permanent home in the United States. Through this procedure, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), likewise called Lawful Permanent Residence. There are a number of classifications of jobs qualified for employment-based immigration according to EB3 or EB2 requirements. The Department of Labor manages this process, which includes “testing the labor market” to reveal that there are no U.S. employees who are able, willing, certified or offered to fill the role.

Who can apply?

Generally, any company can sponsor any staff member for employment irreversible residence. This procedure is provided for jobs ranging from dishwashing machine to medical professional. Most jobs require a PERM application, however there are some professions that don’t, consisting of nurses, physiotherapists, people of “remarkable capability,” and those operating in the “nationwide interest” (particularly those in with Ph.D. s).

What are the eligibility requirements?

The position needs to be full-time and “long-term” (which means lasting more than a year without any set end date). The company should be actively associated with the petition procedure, sharing monetary details 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 employee).

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

Getting a green card through PERM is a multi-step process. It usually takes about 2-3 years, however can be a lot longer for individuals born in China or India. The overall expense will differ depending on whether you hire a private attorney or have the ability to secure free legal help, however the range is anywhere from $2,500 (which is kind charges, advertising and background/ screening checks) to $20,000 (consisting of premium processing and paying a personal attorney for the whole procedure). The company is needed to spend for all fees associated with the Department of Labor part of the process. The rest for processing with USCIS is negotiable; some employers will provide to compensate the USCIS costs if the employee remains a certain number of years.

What are the steps involved?

1. First, you need to have a company going to devote to employing you for a full-time, “irreversible” position and spend for needed attorney costs and legal charges.
2. Next, after confirming your eligibility, the lawyer will assist you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) need to license there are no qualified U.S. workers readily available for the job.
3. After the PERM application is certified, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, together with evidence that you, the worker, are qualified for the job, and evidence of the employer’s ability to pay the income.
4. Once authorized, you may 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.). A lawyer can tell you which path you are eligible for in order to complete your permit (Permanent Residency) path. At that step, you (and household members) will go through a significant background check including medical examination, employment security check, criminal background check, and visa history.

Where can I get assist requesting 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, employment Berger & Kludt Immigration Law’s Permit Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

To find out more, see:

– 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 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 modifying and revising this resource and for offering assessments to our neighborhood.

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