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Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, and is likewise referred to as “Labor Certification,” is the primary step of the most common permit category utilized by employers to sponsor an employee for permanent house in the United States. Through this procedure, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), likewise called Lawful Permanent Residence. There are several categories of jobs eligible for employment-based immigration according to EB3 or EB2 requirements. The Department of Labor employment oversees this procedure, which consists of “evaluating the labor market” to show that there are no U.S. employees who are able, willing, qualified or offered to fill the role.

Who can use?

Generally, any employer can sponsor any employee for long-term home. This procedure is provided for jobs varying from dishwasher to doctor. Most jobs require a PERM application, however there are some professions that do not, including nurses, physiotherapists, people of “extraordinary ability,” and those operating in the “nationwide interest” (especially those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position must be full-time and “permanent” (which means more than a year without any set end date). The company needs to be actively included in the petition procedure, employment sharing monetary info to prove 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 employee).

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, but can be much longer for individuals born in China or India. The total expense will differ depending on whether you hire a private attorney or have the ability to get free legal assistance, but the range is anywhere from $2,500 (which is kind costs, marketing and background/ screening checks) to $20,000 (including premium processing and paying a personal lawyer for the whole procedure). The company is needed to spend for all costs related to the Department of Labor part of the process. The rest for processing with USCIS is flexible; some companies will offer to repay the USCIS expenses if the worker remains a particular variety of years.

What are the steps involved?

1. First, you need to have an employer going to devote to employing you for a full-time, “long-term” position and spend for required lawyer fees and legal costs.
2. Next, after verifying your eligibility, employment the attorney will help you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) should certify there are no qualified 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, along with proof that you, the staff member, are received the task, and proof of the employer’s ability to pay the wage.
4. Once authorized, you might be ready for either Consular Processing (departing the U.S. for your visa interview abroad) or employment a Change of Status (from inside the U.S.). A lawyer can inform you which course you are qualified for in order to complete your green card (Permanent Residency) path. At that action, you (and relative) will go through a significant background check consisting of 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 employment 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 more details, employment go to:

– 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 produced by Denia Pérez, Esq. and Marilia Zellner, Esq. with the modifying support from Jesús Flores Rodríguez and Claire Calderon.

We want to thank Dan Berger, partner at Curran, Berger & Kludt Immigration Law and Leslie Tuttle Ditrani, employment Founder and Executive Director of Pathway for Immigrant Workers, for their assistance in modifying and revising this resource and for providing consultations to our community.

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