Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which represents Program Electronic Review Management, and is also referred to as “Labor Certification,” is the initial step of the most common green card category utilized by companies to sponsor an employee for long-term home in the United States. Through this procedure, particular 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 EB2 requirements. The Department of this process, which includes “testing the labor market” to show that there are no U.S. workers who are able, ready, competent or readily available to fill the role.

Who can apply?

Generally, any employer can sponsor any staff member for long-term house. This procedure is provided for jobs varying from dishwashing machine to doctor. Most jobs 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 “national interest” (specifically those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be complete time and “long-term” (which implies lasting more than a year with no fixed end date). The employer needs to be actively associated with the petition procedure, sharing monetary info to show capability to pay the government-approved wage, and paying all of the costs included in the PERM application (without charging that cash back to the staff member).

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

Getting a green card through PERM is a multi-step process. It normally takes about 2-3 years, but can be much longer for individuals born in China or India. The overall cost will differ depending on whether you employ a private attorney or are able to secure free legal help, but the variety is anywhere from $2,500 (which is kind costs, advertising and background/ evaluating checks) to $20,000 (including premium processing and paying a private lawyer for the whole process). The employer is required to pay for all costs related to the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will provide to reimburse the USCIS costs if the employee stays a particular variety of years.

What are the actions included?

1. First, you require to have an employer ready to commit to employing you for a full-time, “irreversible” position and spend for required lawyer charges and legal fees.
2. Next, after confirming your eligibility, the attorney will assist you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must license there are no qualified U.S. employees available for the task.
3. After the PERM application is accredited, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, together with evidence that you, the worker, are received the task, adremcareers.com and proof of the employer’s capability to pay the salary.
4. Once authorized, you may be ready for either Consular Processing (departing the U.S. for your visa interview abroad) or an Adjustment of Status (from inside the U.S.). An attorney can tell you which path you are qualified for in order to finish your green card (Permanent Residency) path. At that action, you (and member of the family) will go through a significant background check consisting of medical examination, security check, criminal background check, and referall.us visa history.

Where can I get help obtaining one?

– American Immigration Lawyers Association: ailalawyer.com
– Curran, Berger & Kludt Immigration Law: somalibidders.com 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 Permit 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 questions
– 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 wish 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 revising this resource and for using assessments to our neighborhood.

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