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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 primary step of the most common green card category utilized by companies to sponsor an employee for permanent residence in the United States. Through this procedure, particular 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 qualified for employment-based immigration according to EB3 or EB2 requirements. The Department of Labor oversees this process, which consists of “evaluating the labor market” to show that there are no U.S. who are able, prepared, competent or readily available to fill the role.

Who can use?

Generally, any company can sponsor any worker for permanent residence. This procedure is done for jobs ranging from dishwasher to physician. Most jobs need a PERM application, but there are some professions that don’t, consisting of nurses, physiotherapists, individuals of “remarkable capability,” and those working in the “nationwide interest” (especially those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full-time and “long-term” (which implies lasting more than a year without any fixed end date). The company must be actively associated with the petition process, sharing monetary info to show capability to pay the government-approved wage, and paying all of the costs associated with 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 procedure. It usually takes about 2-3 years, but can be a lot longer for people born in China or India. The total expense will vary depending on whether you work with a personal lawyer or are able to secure free legal assistance, however the variety is anywhere from $2,500 (which is form charges, marketing and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a personal attorney for the whole procedure). The company is required to pay for all fees related to the Department of Labor part of the procedure. The rest for processing with USCIS is flexible; some employers will use to repay the USCIS expenses if the staff member remains a specific variety of years.

What are the actions included?

1. First, you need to have a company ready to dedicate to employing you for a full-time, “permanent” position and pay for required attorney costs and legal fees.
2. Next, after validating your eligibility, the lawyer will assist you file a PERM application and visualchemy.gallery test the labor market. Then, the U.S. Department of Labor (DOL) need to accredit there are no certified U.S. workers 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, together with evidence that you, the staff member, are qualified for the job, and proof of the employer’s ability to pay the income.
4. Once authorized, you may be ready 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 qualified for in order to finish your green card (Permanent Residency) course. At that action, you (and household members) will undergo a substantial background check consisting of medical test, security check, criminal background check, fillboards.com and visa history.

Where can I get assist obtaining one?

– American Immigration Lawyers Association: ailalawyer.com
– Curran, 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 Green Card Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

To find out more, go to:

– 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 produced by Denia Pérez, Esq. and Marilia Zellner, Esq. with the modifying support 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 using assessments to our community.

Immigrants Rising helps you make decisions based upon your capacity, not your perceived limitations. Visit our site so you can see what’s possible: immigrantsrising.org. Released 3/2023.