Getting a PERM; An Employment-based Permit

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 common permit classification utilized by companies to sponsor an employee for permanent residence in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), likewise called Lawful Permanent Residence. There are numerous classifications of tasks qualified for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor manages this process, which includes “testing the labor market” to reveal that there are no U.S. workers who are able, prepared, qualified or available to fill the role.

Who can apply?

Generally, any company can sponsor any employee for long-term residence. This process is done for jobs ranging from dishwashing machine to medical professional. Most jobs require a PERM application, but there are some occupations that do not, including nurses, employment physical therapists, people 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 should be full-time and “irreversible” (which means lasting more than a year without any set end date). The company should be actively associated with the petition procedure, sharing monetary information to prove ability to pay the government-approved wage, and paying all of the expenses involved in the PERM application (without charging that refund to the staff member).

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

Getting a permit through PERM is a multi-step procedure. It normally takes about 2-3 years, however can be a lot longer for people born in China or India. The total expense will differ depending upon whether you hire a private lawyer or are able to secure free legal support, but the range is anywhere from $2,500 (which is form costs, advertising and background/ screening checks) to $20,000 (consisting of premium processing and paying a personal attorney for the entire procedure). The company is required to spend for all costs connected to the Department of Labor part of the process. The rest for processing with USCIS is negotiable; some companies will offer to compensate the USCIS costs if the employee stays a specific number of years.

What are the steps involved?

1. First, you require to have a company ready to commit to hiring you for a full-time, “permanent” and spend for required lawyer fees and legal charges.
2. Next, employment after confirming your eligibility, the attorney will assist you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must certify there are no competent U.S. employees readily available for the job.
3. After the PERM application is certified, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, in addition to evidence that you, the employee, are received the job, and evidence of the company’s ability to pay the wage.
4. Once approved, you may be prepared for either Consular Processing (departing the U.S. for employment your visa interview abroad) or a Change of Status (from inside the U.S.). An attorney can tell you which course you are qualified for in order to finish your green card (Permanent Residency) course. At that action, employment you (and family members) will undergo a substantial background check consisting of medical test, security check, criminal background check, and employment visa history.

Where can I get help making an application for one?

– American Immigration Lawyers Association: ailalawyer.com
– Curran, employment 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 more details, visit:

– USCIS’s Employment-Based Immigration: Third Preference EB-3
– U.S. Department of Labor’s Foreign Labor employment Certification: How Do I concerns
– University of Michigan’s Green Card Application Process

This resource was created by Denia Pérez, Esq. and Marilia Zellner, Esq. with the editing 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 modifying and modifying this resource and for offering assessments to our neighborhood.

Immigrants Rising helps 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.