Getting a PERM; An Employment-based Permit

What is PERM?

PERM, employment which stands for Program Electronic Review Management, and is likewise known as “Labor Certification,” is the primary step of the most common green card classification utilized by employers to sponsor an employee for permanent house in the United States. Through this process, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), likewise called Lawful Permanent Residence. There are numerous categories of jobs eligible for employment-based migration according to EB3 or EB2 criteria. The Department of Labor supervises this procedure, which consists of “checking the labor market” to show that there are no U.S. employees who are able, willing, competent or available to fill the function.

Who can use?

Generally, any employer can sponsor any employee for long-term house. This process is done for employment jobs ranging from dishwashing machine to doctor. Most jobs need a PERM application, however there are some professions that don’t, including nurses, physiotherapists, people of “extraordinary ability,” and those operating in the “national interest” (specifically those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full-time and “irreversible” (which implies lasting more than a year with no fixed end date). The company must be actively involved in the petition process, sharing financial info to show ability to pay the government-approved wage, and paying all of the costs involved in the PERM application (without charging that cash back to the employee).

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

Getting a permit through PERM is a multi-step process. It typically takes about 2-3 years, however can be a lot longer for people born in China or India. The overall cost will vary depending upon whether you hire a private lawyer or are able to secure free legal help, however the variety is anywhere from $2,500 (which is type costs, marketing and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a personal lawyer for the whole procedure). The employer is needed to spend for all costs connected to the Department of Labor part of the process. The rest for processing with USCIS is flexible; some employers will offer to reimburse the USCIS costs if the employee stays a certain number of years.

What are the actions involved?

1. First, employment you require to have an employer going to devote to hiring you for a full-time, “long-term” position and spend for required lawyer fees and legal charges.
2. Next, after validating your eligibility, the attorney will help you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) need to certify there are no qualified U.S. workers available for the job.
3. After the PERM application is certified, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, employment together with proof that you, the employee, are certified for the task, and evidence of the to pay the income.
4. Once approved, you may be ready 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 permit (Permanent Residency) path. At that step, you (and family members) will undergo a substantial background check including medical examination, security check, criminal background check, 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 find out 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 info, go to:

– USCIS’s Employment-Based Immigration: employment 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 created by Denia Pérez, Esq. and Marilia Zellner, Esq. with the editing 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 support in modifying and revising this resource and for providing consultations to our community.

Immigrants Rising helps you make decisions based on your potential, not your viewed limits. Visit our website so you can see what’s possible: immigrantsrising.org. Released 3/2023.