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Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which represents Program Electronic Review Management, and is also referred to as “Labor Certification,” is the first action of the most common permit category utilized by employers to sponsor referall.us 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 (permit), 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 supervises this procedure, that includes “testing the labor market” to reveal that there are no U.S. workers who are able, willing, competent or available to fill the role.

Who can use?

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

What are the eligibility requirements?

The position must be full-time and “irreversible” (which means lasting more than a year with no set end date). The must be actively involved in the petition process, sharing financial details to show ability to pay the government-approved wage, and paying all of the expenses associated with the PERM application (without charging that refund to the worker).

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

Getting a green card through PERM is a multi-step procedure. It typically takes about 2-3 years, however can be much longer for individuals born in China or India. The total expense will vary depending on whether you employ a personal attorney or are able to get free legal help, however the variety is anywhere from $2,500 (which is type costs, advertising and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a private lawyer for somalibidders.com the whole procedure). The employer is required 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 provide to repay the USCIS expenses if the worker remains a certain variety of years.

What are the steps included?

1. First, you need to have a company ready to commit to hiring you for a full-time, “irreversible” position and spend for needed attorney charges and legal costs.
2. Next, after confirming your eligibility, 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 competent U.S. employees available for the task.
3. After the PERM application is certified, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, along with proof that you, the staff member, are certified for the task, and proof of the company’s ability to pay the wage.
4. Once authorized, you may be ready for adremcareers.com either Consular Processing (departing the U.S. for your visa interview abroad) or a Change of Status (from inside the U.S.). An attorney can inform you which path you are eligible for in order to complete your green card (Permanent Residency) course. At that step, you (and member of the family) will undergo a substantial background check including medical examination, security check, criminal background check, and visa history.

Where can I get help using 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 migration visa?

– Curran, Berger & Kludt Immigration Law’s Permit 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 questions
– 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 assistance in editing and revising this resource and for using consultations to our neighborhood.

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