Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which stands for Program Electronic Review Management, and is also referred to as “Labor Certification,” is the very first step of the most typical green card classification used by employers to sponsor a worker for home in the United States. Through this process, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), also called Lawful Permanent Residence. There are a number of classifications of jobs eligible for employment-based migration according to EB3 or EB2 requirements. The Department of Labor manages this process, that includes “evaluating the labor market” to reveal that there are no U.S. employees who are able, ready, competent or available to fill the role.

Who can use?

Generally, any company can sponsor any employee for irreversible house. This process is done for jobs varying from dishwashing machine to physician. Most jobs need a PERM application, but there are some occupations that don’t, consisting of nurses, physiotherapists, individuals of “exceptional ability,” and those working in the “national interest” (especially those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position should be complete time and “permanent” (which implies lasting more than a year with no fixed end date). The company should be actively associated with the petition process, sharing monetary info 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 process. It normally takes about 2-3 years, however can be a lot longer for people born in China or India. The overall expense will differ depending on whether you work with a private attorney or have the ability to secure free legal support, but the range is anywhere from $2,500 (which is form charges, marketing and background/ evaluating checks) to $20,000 (including premium processing and paying a private attorney for the whole procedure). The employer is needed to pay for all fees related to the Department of Labor part of the process. The rest for processing with USCIS is flexible; some companies will offer to compensate the USCIS costs if the staff member stays a particular number of years.

What are the actions involved?

1. First, you need to have a company prepared to devote to hiring you for a full-time, “irreversible” position and spend for somalibidders.com required lawyer fees and legal charges.
2. Next, after verifying your eligibility, the attorney will help you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) should 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, together with proof that you, referall.us the employee, are qualified for the task, and evidence of the employer’s capability to pay the salary.
4. Once authorized, you may be all set for either Consular Processing (departing the U.S. for your visa interview abroad) or an Adjustment of Status (from inside the U.S.). A lawyer can inform you which course you are eligible for in order to complete your permit (Permanent Residency) course. At that step, you (and household members) will undergo a considerable background check including medical examination, security check, criminal background check, and visa history.

Where can I get help using 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 find out 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, visit:

– 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 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 support in editing and modifying this resource and for providing consultations to our neighborhood.

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