Getting a PERM; An Employment-based Green Card

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 an employee for irreversible house in the United States. Through this process, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), likewise called Lawful Permanent Residence. There are numerous categories of jobs eligible for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor oversees this procedure, that includes “checking the labor market” to reveal that there are no U.S. employees who are able, referall.us willing, competent or offered to fill the function.

Who can use?

Generally, any company can sponsor any staff member for long-term residence. This process is done for jobs varying from dishwashing machine to doctor. Most tasks need a PERM application, however there are some professions that don’t, consisting of nurses, physical therapists, people of “extraordinary capability,” and those operating in the “nationwide interest” (specifically those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position must be full-time and “long-term” (which indicates lasting more than a year without any fixed end date). The company should be actively associated with the petition process, sharing financial details to prove capability to pay the government-approved wage, and paying all of the expenses involved in the PERM application (without charging that refund to the staff member).

The length of time does it take & how much does it cost?

Getting a green card through PERM is a multi-step process. It normally takes about 2-3 years, however can be much longer for individuals born in China or India. The overall expense will differ depending on whether you hire a personal attorney or are able to secure free legal support, but the variety is anywhere from $2,500 (which is kind fees, marketing and background/ screening checks) to $20,000 (including premium processing and paying a personal attorney for the whole procedure). The employer is required to spend for all costs related to the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will offer to repay the USCIS costs if the employee remains a particular variety of years.

What are the actions included?

1. First, you require to have an employer ready to devote to employing you for a full-time, “permanent” position and spend for needed lawyer fees and legal costs.
2. Next, after your eligibility, the attorney will assist you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) need to license there are no competent U.S. employees offered for the task.
3. After the PERM application is certified, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, in addition to proof that you, the staff member, are gotten approved for the job, and evidence of the employer’s ability 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 Change of Status (from inside the U.S.). An attorney can tell you which course you are qualified for in order to complete your permit (Permanent Residency) path. At that action, you (and member of the family) will undergo a substantial background check including medical test, 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 discover more about this migration visa?

– Curran, Berger & Kludt Immigration Law’s Permit Through PERM Roadmap
– Pathway for somalibidders.com Immigrant Workers at myimmigrantpathway.org

For more details, go to:

– 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 support 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 editing and modifying this resource and for offering assessments to our community.

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