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Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which stands for Program Electronic Review Management, and is likewise referred to as “Labor Certification,” is the primary step of the most common green card category used by employers to sponsor an employee for permanent home in the United States. Through this procedure, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), also called Lawful Permanent Residence. There are of tasks qualified for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor oversees this process, which includes “evaluating the labor market” to reveal that there are no U.S. workers who are able, willing, certified or readily available to fill the role.

Who can use?

Generally, any employer can sponsor any staff member for long-term residence. This process is done for tasks varying from dishwasher to physician. Most jobs require a PERM application, however there are some occupations that don’t, including nurses, physiotherapists, individuals of “remarkable capability,” and those working in the “nationwide interest” (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position should be full-time and “irreversible” (which implies lasting more than a year without any fixed end date). The employer must be actively involved in the petition process, sharing monetary info to show capability to pay the government-approved wage, and paying all of the expenses associated with the PERM application (without charging that cash back to the employee).

For how long does it take & just how much does it cost?

Getting a green card through PERM is a multi-step process. It usually takes about 2-3 years, however can be much longer for individuals born in China or India. The total expense will vary depending upon whether you hire a private attorney or are able to secure free legal help, but the range is anywhere from $2,500 (which is kind costs, advertising and background/ screening checks) to $20,000 (including premium processing and paying a private lawyer for the entire procedure). The employer is needed to spend for all costs related to the Department of Labor part of the process. The rest for processing with USCIS is negotiable; some companies will use to reimburse the USCIS expenses if the employee stays a specific number of years.

What are the steps involved?

1. First, you need to have a company ready to dedicate to hiring you for employment a full-time, “permanent” position and spend for required attorney charges and legal fees.
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 qualified U.S. employees offered for the job.
3. After the PERM application is certified, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, employment in addition to evidence that you, the staff member, are qualified for the task, and proof of the employer’s capability to pay the salary.
4. Once approved, you might be all set 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 tell you which course you are eligible for in order to complete your permit (Permanent Residency) course. At that action, you (and member of the family) will go through a significant background check including medical examination, 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 discover more about this migration visa?

– Curran, employment Berger & Kludt Immigration Law’s Green Card Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

To find out more, 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 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, Founder and Executive Director of Pathway for Immigrant Workers, for their support in editing and revising this resource and for providing consultations to our community.

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