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Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which stands for Program Electronic Review Management, and is likewise understood as “Labor Certification,” is the very first step of the most typical green card category used by companies to sponsor a worker for permanent residence in the United States. Through this process, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), likewise called Lawful Permanent Residence. There are numerous categories of tasks eligible for employment-based migration according to EB3 or employment EB2 requirements. The Department of Labor oversees this process, that includes “testing the labor market” to show that there are no U.S. employees who are able, prepared, qualified or readily available to fill the role.

Who can apply?

Generally, any employer can sponsor any worker for irreversible residence. This procedure is provided for tasks ranging from dishwasher to doctor. Most tasks require a PERM application, but there are some occupations that do not, including nurses, physical therapists, individuals of “extraordinary capability,” and those operating in the “nationwide interest” (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position should be full-time and “irreversible” (which suggests lasting more than a year without any set end date). The company must be actively associated with the petition process, sharing financial information to prove capability to pay the government-approved wage, and employment paying all of the expenses involved in the PERM application (without charging that refund to the worker).

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

Getting a permit through PERM is a multi-step procedure. It generally takes about 2-3 years, however can be much longer for people born in China or India. The overall cost will differ depending upon whether you work with a or employment are able to secure free legal help, however the range is anywhere from $2,500 (which is form costs, marketing and background/ screening checks) to $20,000 (including premium processing and paying a personal attorney for the entire procedure). The employer is required to spend for all charges connected to the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will offer to compensate the USCIS costs if the worker stays a specific variety of years.

What are the steps included?

1. First, you need to have a company happy to dedicate to hiring you for a full-time, “long-term” position and pay for required attorney charges and legal costs.
2. Next, after validating your eligibility, the attorney will assist you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) need to accredit there are no certified U.S. workers readily available for the job.
3. After the PERM application is accredited, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, along with proof that you, the worker, are qualified for the job, and proof of the company’s ability to pay the salary.
4. Once approved, you may be prepared for either Consular Processing (leaving the U.S. for your visa interview abroad) or a Change of Status (from inside the U.S.). A lawyer can inform you which path you are eligible for in order to finish your permit (Permanent Residency) path. 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 Green Card Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

For additional information, go to:

– USCIS’s Employment-Based Immigration: Third Preference EB-3
– U.S. Department of Labor’s Foreign Labor Certification: How Do I concerns
– 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 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 assistance in modifying and revising this resource and for offering consultations to our community.

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