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Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, and is also called « Labor Certification, » is the initial step of the most common green card category used by companies to sponsor an employee for irreversible residence in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), likewise called Lawful Permanent Residence. There are numerous categories of tasks eligible for employment-based immigration according to EB3 or EB2 requirements. The Department of Labor oversees this process, which includes « checking the labor market » to reveal that there are no U.S. employees who are able, employment prepared, qualified or readily available to fill the role.

Who can use?

Generally, any employer can sponsor any staff member for permanent house. This process is done for jobs ranging from dishwasher to medical professional. Most tasks require a PERM application, however there are some occupations that don’t, including nurses, physiotherapists, people of « remarkable capability, » and those working in the « nationwide interest » (specifically those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position should be full-time and « permanent » (which means lasting more than a year with no set end date). The company must be actively included in 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 worker).

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

Getting a permit through PERM is a multi-step process. It generally takes about 2-3 years, but can be a lot longer for people born in China or India. The overall expense will vary depending on whether you hire a personal lawyer or are able to get totally free legal help, but the variety is anywhere from $2,500 (which is kind costs, advertising and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a private lawyer for the whole procedure). The employer is needed to spend for all fees associated with the Department of Labor part of the procedure. The rest for processing with USCIS is flexible; some companies will offer to repay the USCIS expenses if the staff member remains a certain number of years.

What are the actions included?

1. First, you need to have a company happy to dedicate to hiring you for a full-time, « irreversible » position and pay for required attorney charges and legal charges.
2. Next, after validating your eligibility, the lawyer will assist you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must certify there are no certified U.S. employees available for the task.
3. After the PERM application is certified, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, employment together with evidence that you, the staff member, are gotten approved for the task, and evidence of the company’s ability to pay the wage.
4. Once approved, you might be all set for either Consular Processing (leaving the U.S. for your visa interview abroad) or a Change of Status (from inside the U.S.). An attorney can tell you which path you are eligible for employment in order to complete your green card (Permanent Residency) course. At that action, you (and household members) will undergo a significant background check including medical test, security check, criminal background check, and 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 employment Immigrant Workers: .org
– Path2Papers (P2P): sites.lawschool.cornell.edu/path2papers

Where can I find out more about this migration visa?

– Curran, Berger & Kludt Immigration Law’s Permit Through PERM Roadmap
– Pathway for employment Immigrant Workers at myimmigrantpathway.org

To learn more, check out:

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

This resource was created by Denia Pérez, Esq. and Marilia Zellner, Esq. with the modifying 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 assistance in editing and modifying this resource and employment for using consultations 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.