Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which represents Program Electronic Review Management, and is also called “Labor Certification,” is the very first step of the most common permit category utilized by companies to sponsor a worker for permanent 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 categories of tasks qualified for employment-based immigration according to EB3 or employment EB2 requirements. The Department of Labor manages this procedure, that includes “testing the labor market” to show that there are no U.S. workers who are able, prepared, employment qualified or offered to fill the function.

Who can apply?

Generally, any company can sponsor any employee for irreversible residence. This process is provided for jobs ranging from dishwasher to doctor. Most tasks require a PERM application, however there are some professions that don’t, including nurses, physiotherapists, people of “remarkable capability,” and employment those operating in the “national interest” (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full-time and “permanent” (which means lasting more than a year with no set end date). The employer needs to be actively included in the petition process, sharing financial info to prove capability to pay the wage, and paying all of the costs associated with the PERM application (without charging that cash back to the worker).

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

Getting a permit through PERM is a multi-step procedure. It usually takes about 2-3 years, however can be much longer for people born in China or India. The total expense will vary depending upon whether you work with a private attorney or have the ability to secure free legal support, but the range is anywhere from $2,500 (which is form costs, advertising and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a personal attorney for the entire process). The company is required to pay for all charges associated with the Department of Labor part of the procedure. The rest for processing with USCIS is flexible; some employers will offer to reimburse the USCIS costs if the employee remains a specific number of years.

What are the steps involved?

1. First, you require to have a company ready to commit to employing you for a full-time, “irreversible” position and spend for needed lawyer fees and legal charges.
2. Next, after validating your eligibility, employment the lawyer will help you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) should accredit there are no qualified U.S. employees readily available for the task.
3. After the PERM application is licensed, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, together with evidence that you, the employee, are received the job, and employment proof of the employer’s ability to pay the salary.
4. Once authorized, you may be all set 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 tell you which course you are qualified for in order to complete your permit (Permanent Residency) path. At that step, you (and relative) will go through a considerable background check including medical examination, security check, criminal background check, employment and visa history.

Where can I get assist getting 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 Green Card Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

For more details, see:

– 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 developed by Denia Pérez, Esq. and Marilia Zellner, Esq. with the modifying 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 revising this resource and for offering consultations to our neighborhood.

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