Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which represents Program Electronic Review Management, and is also understood as “Labor Certification,” is the primary step of the most common permit classification utilized by companies to sponsor an employee for irreversible residence in the United States. Through this procedure, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are numerous classifications of jobs eligible for employment-based immigration according to EB3 or EB2 requirements. The Department of Labor supervises this process, which consists of “evaluating the labor market” to show that there are no U.S. workers who are able, ready, qualified or available to fill the function.

Who can apply?

Generally, any company can sponsor any employee for permanent home. This procedure is provided for jobs varying from dishwashing machine to medical professional. Most jobs need a PERM application, but there are some professions that don’t, consisting of nurses, physical therapists, people of “exceptional ability,” and those working in the “nationwide interest” (especially those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full-time and “irreversible” (which means lasting more than a year with no set end date). The employer needs to be actively involved in 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).

For how long does it take & just 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 a lot longer for individuals born in China or India. The total cost will vary depending on whether you work with a private attorney or have the ability to get free legal support, however the variety is anywhere from $2,500 (which is form costs, advertising and background/ screening checks) to $20,000 (consisting of premium processing and paying a private lawyer for the whole process). 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 employers will provide to compensate the USCIS expenses if the employee stays a certain variety of years.

What are the actions included?

1. First, you need to have an employer prepared to commit to employing you for a full-time, “long-term” position and spend for required attorney costs and legal charges.
2. Next, after confirming your eligibility, the lawyer will assist 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. workers offered 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 worker, are qualified for the job, and evidence of the company’s capability to pay the wage.
4. Once approved, you might be ready for either Consular Processing (departing the U.S. for your visa interview abroad) or an Adjustment of Status (from inside the U.S.). An attorney can inform you which path you are eligible for in order to finish your permit (Permanent Residency) course. At that action, you (and member of the family) will undergo a considerable background check consisting of medical examination, security check, criminal background check, and visa history.

Where can I get help 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 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. of Labor’s Foreign Labor Certification: How Do I concerns
– University of Michigan’s Permit Application Process

This resource was produced by Denia Pérez, Esq. and somalibidders.com 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 assistance in editing and modifying this resource and referall.us for offering consultations to our neighborhood.

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