Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which means Program Electronic Review Management, and is also called “Labor Certification,” is the primary step of the most common green card classification used by employers to sponsor a worker for permanent home in the United States. Through this procedure, specific 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 jobs eligible for employment-based migration according to EB3 or EB2 requirements. The Department of Labor supervises this process, which consists of “checking the labor market” to show that there are no U.S. workers who are able, willing, certified or available to fill the function.

Who can apply?

Generally, any employer can sponsor employment any worker for permanent home. This process is done for jobs ranging from dishwasher to doctor. Most tasks require a PERM application, however there are some occupations that don’t, consisting of nurses, physical 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 “long-term” (which means lasting more than a year without any set end date). The company needs to be actively associated with the petition procedure, 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 staff member).

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

Getting a permit through PERM is a multi-step procedure. It normally takes about 2-3 years, employment however can be a lot longer for people born in China or India. The total cost will differ depending on whether you work with a private attorney or have the ability to legal assistance, however the variety is anywhere from $2,500 (which is type costs, advertising and background/ evaluating checks) to $20,000 (including premium processing and paying a private attorney for the entire procedure). The employer is needed to pay for all costs connected to the Department of Labor part of the process. The rest for processing with USCIS is negotiable; some companies will use to compensate the USCIS expenses if the staff member remains a specific number of years.

What are the actions involved?

1. First, you need to have a company ready to dedicate to hiring you for a full-time, “permanent” position and pay for needed attorney costs and legal fees.
2. Next, after validating your eligibility, the lawyer will help you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) should certify there are no certified U.S. employees readily 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 evidence that you, the staff member, are gotten approved for the task, and proof of the company’s ability to pay the salary.
4. Once authorized, you might be prepared for 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 qualified for in order to complete your green card (Permanent Residency) path. At that action, you (and member of the family) will go through a significant background check consisting of medical test, security check, criminal background check, and visa history.

Where can I get assist requesting 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, Berger & Kludt Immigration Law’s Permit Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

For employment more details, check out:

– 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 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 providing consultations to our community.

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