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Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which stands for Program Electronic Review Management, and is likewise referred to as « Labor Certification, » is the very first action of the most common green card category used by employers to sponsor an employee for irreversible home in the United States. Through this process, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), likewise called Lawful Permanent Residence. There are several categories of jobs qualified for employment-based migration according to EB3 or EB2 requirements. The Department of Labor employment supervises this process, which consists of « evaluating the labor market » to show that there are no U.S. workers who are able, ready, qualified or readily available to fill the function.

Who can apply?

Generally, any company can sponsor any worker for long-term residence. This procedure is provided for tasks varying from dishwashing machine to doctor. Most tasks need a PERM application, but there are some professions that do not, consisting of nurses, physiotherapists, people of « extraordinary capability, » and those working 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 « long-term » (which means lasting more than a year with no fixed end date). The employer should be actively involved in the petition procedure, sharing financial details to prove capability to pay the government-approved wage, and employment paying all of the expenses involved in the PERM application (without charging that cash back to the worker).

For how long does it take & just how much does it cost?

Getting a permit through PERM is a multi-step process. It normally takes about 2-3 years, however can be much longer for people born in China or India. The total expense will vary depending on whether you work with a personal attorney or are able to secure free legal help, but the variety is anywhere from $2,500 (which is form costs, advertising and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a private lawyer for the whole process). The company is required to pay for all charges related to the Department of Labor part of the procedure. The rest for employment processing with USCIS is flexible; some companies will provide to repay the USCIS costs if the employee remains a certain variety of years.

What are the actions involved?

1. First, you need to have a company prepared to commit to hiring you for a full-time, « long-term » position and spend for needed lawyer costs and legal charges.
2. Next, after validating your eligibility, the attorney will help you file a PERM application and test the labor market. Then, employment the U.S. Department of Labor (DOL) should license there are no competent U.S. workers available for the job.
3. After the PERM application is licensed, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, together with proof that you, the employee, are received the task, and proof of the company’s capability to pay the income.
4. Once approved, you may be prepared for either Consular Processing (leaving the U.S. for your visa interview abroad) or an Adjustment of Status (from inside the U.S.). An attorney can inform you which path you are eligible for in order to complete your permit (Permanent Residency) course. At that step, you (and member of the family) will go through a considerable background check including medical exam, security check, employment criminal background check, and visa history.

Where can I get assist getting one?

– American Immigration Lawyers Association: .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 details, visit:

– 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 Permit 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 support in modifying and revising this resource and for employment offering assessments to our neighborhood.

Immigrants Rising assists you make choices based upon your capacity, not your viewed limits. Visit our website so you can see what’s possible: immigrantsrising.org. Released 3/2023.