Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which stands for Program Electronic Review Management, and is also called “Labor Certification,” is the very first action of the most common permit classification used by companies to sponsor a staff member for permanent residence in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are a number of classifications of tasks qualified for employment-based migration according to EB3 or EB2 requirements. The Department of Labor oversees this procedure, that includes “checking the labor market” to show that there are no U.S. workers who are able, willing, job competent or offered to fill the role.

Who can apply?

Generally, any company can sponsor any worker for long-term house. This process is provided for tasks ranging from dishwashing machine to physician. Most tasks need a PERM application, but there are some occupations that don’t, consisting of nurses, therapists, people of “exceptional ability,” and those operating in the “national interest” (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position must be full-time and “permanent” (which indicates lasting more than a year without any set end date). The company needs to be actively included in the petition process, sharing financial information to prove ability to pay the government-approved wage, and paying all of the expenses associated with the PERM application (without charging that money back to the staff member).

How long 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 much longer for individuals born in China or job India. The total expense will vary depending upon whether you work with a private lawyer or are able to secure free legal assistance, job but the variety is anywhere from $2,500 (which is kind charges, advertising and background/ evaluating checks) to $20,000 (including 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 process. The rest for processing with USCIS is flexible; some employers will provide to repay the USCIS expenses if the employee stays a certain variety of years.

What are the steps involved?

1. First, you require to have a company happy to devote to employing you for a full-time, “irreversible” position and spend for required attorney charges and legal costs.
2. Next, after verifying your eligibility, the lawyer will help you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must accredit there are no competent U.S. workers available for the job.
3. After the PERM application is accredited, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, along with evidence that you, the staff member, are gotten approved for the task, and evidence 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 a Modification of Status (from inside the U.S.). An attorney can inform you which course you are qualified for in order to finish your permit (Permanent Residency) path. At that action, you (and family members) will go through a significant background check including medical examination, security check, criminal background check, and visa history.

Where can I get help looking for 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 immigration visa?

– Curran, job Berger & Kludt Immigration Law’s Green Card Through PERM Roadmap
– Pathway for 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: 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 job modifying this resource and for using assessments to our neighborhood.

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