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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 referred to as “Labor Certification,” is the very first action of the most typical green card category utilized by companies to sponsor employment a staff member for long-term residence in the United States. Through this procedure, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), likewise called Lawful Permanent Residence. There are several classifications of jobs qualified for employment-based migration according to EB3 or EB2 requirements. The Department of Labor supervises this procedure, which includes “evaluating the labor market” to show that there are no U.S. workers who are able, prepared, competent or readily available to fill the role.

Who can use?

Generally, any company can sponsor any staff member for long-term residence. This procedure is provided for jobs varying from dishwashing machine to doctor. Most tasks need a PERM application, however there are some professions that don’t, including nurses, physical therapists, individuals of “extraordinary ability,” and those working 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 “irreversible” (which suggests lasting more than a year with no fixed end date). The company should be actively included in the petition process, sharing monetary details to prove capability to pay the government-approved wage, and paying all of the costs included in the PERM application (without charging that money back to the staff member).

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

Getting a green card through PERM is a multi-step process. It typically takes about 2-3 years, but can be a lot longer for people born in China or India. The overall cost will vary depending upon whether you hire a private lawyer or employment are able to secure free legal assistance, however the range is anywhere from $2,500 (which is form charges, marketing and background/ screening checks) to $20,000 (including premium processing and paying a private attorney for the entire process). The employer is required to spend for all costs related to the Department of Labor part of the process. The rest for processing with USCIS is flexible; some companies will provide to reimburse the USCIS expenses if the employee remains a certain number of years.

What are the steps involved?

1. First, you require to have an employer happy to dedicate to hiring you for a full-time, “long-term” position and spend for needed attorney fees and legal costs.
2. Next, after validating your eligibility, the attorney will assist you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) should accredit there are no qualified U.S. workers available for the job.
3. After the PERM application is accredited, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, in addition to evidence that you, the employee, are qualified for employment the task, employment and evidence of the company’s capability to pay the salary.
4. Once approved, you might be ready 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 course you are qualified for in order to finish your green card (Permanent Residency) path. At that action, you (and relative) will go through a considerable background check consisting of medical exam, security check, employment criminal background check, employment and employment 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 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 more information, check out:

– 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 Permit Application Process

This resource was 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 using consultations to our community.

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