What is PERM?

PERM, employment which stands for Program Electronic Review Management, employment and is also called "Labor Certification," is the first action of the most common green card classification utilized by employers to sponsor a staff member for long-term 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 several classifications of jobs qualified for employment employment-based migration according to EB3 or EB2 criteria. The Department of Labor oversees this procedure, which includes "checking the labor market" to reveal that there are no U.S. employees who are able, prepared, qualified or offered to fill the role.

Who can apply?

Generally, any company can sponsor any worker for long-term residence. This process is done for tasks ranging from dishwasher to physician. Most tasks need a PERM application, but there are some professions that do not, consisting of nurses, physiotherapists, individuals of "extraordinary ability," and those operating in the "nationwide interest" (specifically those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full time and "long-term" (which implies lasting more than a year without any fixed end date). The employer should be actively included in the petition process, sharing financial details to prove ability to pay the government-approved wage, and paying all of the costs 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 procedure. It usually takes about 2-3 years, however can be a lot longer for individuals born in China or India. The total expense will vary depending upon whether you hire a private lawyer or are able to get free legal help, however the range is anywhere from $2,500 (which is kind costs, marketing and background/ screening checks) to $20,000 (including premium processing and paying a personal attorney for employment the entire procedure). The company is required to spend for all costs associated with the Department of Labor part of the process. The rest for processing with USCIS is flexible; some companies will offer to repay the USCIS costs if the staff member stays a specific number of years.

What are the actions involved?

1. First, you need to have a company going to devote to employing you for a full-time, "permanent" position and spend for needed lawyer charges and legal fees. 2. Next, after validating your eligibility, the lawyer will assist you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must accredit there are no qualified U.S. workers 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, in addition to evidence that you, the employee, are received the job, and evidence of the employer's capability to pay the wage. 4. Once approved, you may be prepared for employment either Consular Processing (departing the U.S. for your visa interview abroad) or a Modification of Status (from inside the U.S.). An attorney can tell you which path you are eligible for in order to finish your permit (Permanent Residency) path. At that action, you (and relative) will go through a substantial background check including 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 more about this immigration visa?
  
  - Curran, 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: employment 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 editing 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 employment their assistance in editing and revising this resource and for providing consultations to our neighborhood.
  
  Immigrants Rising assists you make choices based upon your potential, not your viewed limits. Visit our website so you can see what's possible: immigrantsrising.org. Released 3/2023.