Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, and is likewise called “Labor Certification,” is the initial step of the most typical green card classification utilized by companies to sponsor a staff member for irreversible home in the United States. Through this process, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are a number of categories of jobs eligible for employment-based migration according to EB3 or EB2 requirements. The Department of Labor manages this process, that includes “checking the labor market” to show that there are no U.S. employees who are able, willing, qualified or job readily available to fill the function.

Who can use?

Generally, any company can sponsor any employee for irreversible home. This procedure is done for jobs ranging from dishwasher to doctor. Most tasks require a PERM application, however there are some occupations that do not, including nurses, physiotherapists, people of “exceptional capability,” and those working in the “national interest” (especially those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position must be full-time and “long-term” (which implies lasting more than a year without any fixed end date). The company should be actively included in the petition process, sharing monetary details to show capability to pay the government-approved wage, and paying all of the expenses included in the PERM application (without charging that cash back to the employee).

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

Getting a green card through PERM is a multi-step process. It typically takes about 2-3 years, but can be much longer for people born in China or India. The overall expense will vary depending on whether you hire a private lawyer or are able to secure free legal help, but the variety is anywhere from $2,500 (which is type charges, advertising and background/ evaluating checks) to $20,000 ( processing and paying a private lawyer for the entire process). The employer is needed to pay for all fees connected to the Department of Labor part of the procedure. The rest for job processing with USCIS is flexible; some employers will use to reimburse the USCIS costs if the employee stays a specific number of years.

What are the steps included?

1. First, you require to have an employer ready to commit to hiring you for a full-time, “long-term” position and spend for required lawyer charges and legal costs.
2. Next, after validating your eligibility, the attorney will help you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must certify there are no certified U.S. workers readily available for the job.
3. After the PERM application is accredited, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, along with proof that you, the staff member, are received the job, and evidence of the employer’s ability to pay the income.
4. Once authorized, you may be prepared for either Consular Processing (leaving the U.S. for your visa interview abroad) or a Modification of Status (from inside the U.S.). A lawyer can inform you which course you are eligible for in order to complete your green card (Permanent Residency) path. At that step, you (and household members) will go through a substantial background check including medical examination, security check, criminal background check, and visa history.

Where can I get assist getting one?

– American Immigration Lawyers Association: ailalawyer.com
– Curran, job 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 immigration visa?

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

For additional information, see:

– 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 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 job Executive Director of Pathway for Immigrant Workers, for job their support in modifying and modifying this resource and for using consultations to our community.

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