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Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, and is likewise referred to as “Labor Certification,” is the very first action of the most typical green card classification utilized by companies to sponsor a staff member for employment permanent home in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), also called Lawful Permanent Residence. There are a number of categories of jobs eligible for employment-based migration according to EB3 or EB2 requirements. The Department of Labor oversees this procedure, which includes “checking the labor market” to show that there are no U.S. employees who are able, willing, qualified or offered to fill the function.

Who can use?

Generally, any company can sponsor any worker for permanent residence. This procedure is done for tasks varying from dishwashing machine to doctor. Most tasks require a PERM application, but there are some professions that do not, including nurses, physiotherapists, individuals of “remarkable ability,” and those operating in the “nationwide interest” (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full time and “permanent” (which means lasting more than a year without any fixed end date). The company must be actively associated with the petition procedure, 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 refund 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 much longer for individuals born in China or India. The overall cost will vary depending upon whether you employ a private attorney or are able to secure free legal support, but the range is anywhere from $2,500 (which is form fees, marketing and background/ screening checks) to $20,000 (including premium processing and employment paying a personal attorney for the whole process). The company is required to pay for all costs related to the Department of Labor part of the procedure. The rest for processing with USCIS is flexible; some employers will use to compensate the USCIS expenses if the staff member stays a particular number of years.

What are the actions involved?

1. First, you require to have an employer ready to devote to hiring you for a full-time, “irreversible” position and spend for employment required attorney costs and legal costs.
2. Next, after verifying your eligibility, the lawyer will help you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) should license there are no qualified U.S. employees offered for the task.
3. After the PERM application is licensed, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, along with proof that you, the employee, are gotten approved for the job, and proof of the company’s ability to pay the income.
4. Once authorized, you may be prepared for either Consular Processing (leaving the U.S. for your visa interview abroad) or a Modification of Status (from inside the U.S.). A lawyer can tell you which course you are qualified for in order to complete your green card (Permanent Residency) course. At that step, employment you (and employment relative) will go through a considerable background check consisting of medical test, security check, criminal background check, and employment visa history.

Where can I get assist making an application 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 Immigrant Workers at myimmigrantpathway.org

For additional information, go to:

– USCIS’s Employment-Based Immigration: employment 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 produced by Denia Pérez, Esq. and Zellner, Esq. with the editing support 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 editing and modifying 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 website so you can see what’s possible: immigrantsrising.org. Released 3/2023.