Getting a PERM; An Employment-based Permit
What is PERM?
PERM, which means Program Electronic Review Management, and is likewise referred to as "Labor Certification," is the first step of the most common permit classification utilized by companies to sponsor a worker for permanent residence in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are a number of classifications of jobs qualified for employment-based migration according to EB3 or EB2 requirements. The Department of Labor manages this procedure, that includes "checking the labor market" to show that there are no U.S. employees who are able, ready, competent or readily available to fill the role.
Who can use?
Generally, any company can sponsor any worker for permanent residence. This process is done for jobs ranging from dishwasher to medical professional. Most jobs need a PERM application, but there are some occupations that do not, including nurses, physical therapists, individuals of "exceptional capability," and those operating in the "nationwide 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 suggests lasting more than a year with no fixed end date). The company needs to be actively involved in the petition procedure, sharing financial information to show capability 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).
How long does it take & 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 much longer for individuals born in China or India. The total expense will differ depending upon whether you employ a personal attorney or have the ability to get complimentary legal assistance, however the range is anywhere from $2,500 (which is form costs, marketing and background/ evaluating checks) to $20,000 (including premium processing and paying a personal attorney for the whole procedure). The employer is required to spend for forum.batman.gainedge.org all fees connected to the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will use to compensate the if the employee remains a particular variety of years.
What are the steps involved?
1. First, you need to have a company going to commit to employing you for a full-time, "permanent" position and pay for needed lawyer fees and legal fees.
2. Next, after confirming your eligibility, the lawyer will help you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) need to accredit there are no qualified U.S. workers readily 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, along with proof that you, the employee, are gotten approved for the job, and proof of the company's ability to pay the salary.
4. Once authorized, you may 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.). A lawyer can tell you which course you are eligible for in order to complete your permit (Permanent Residency) course. At that action, you (and household members) will undergo a significant background check consisting of medical examination, security check, criminal background check, and visa history.
Where can I get assist obtaining 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 learn 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 info, go to:
- 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 Permit Application Process
This resource was produced 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, smfsimple.com Founder and mariskamast.net Executive Director of Pathway for Immigrant Workers, for their support in modifying and revising this resource and for providing consultations to our community.
Immigrants Rising helps you make decisions based upon your capacity, not your perceived limitations. Visit our website so you can see what's possible: immigrantsrising.org. Released 3/2023.