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Opened Feb 10, 2025 by Aleisha Thrower@aleishathrower
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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 primary step of the most typical green card category used by companies to sponsor an employee for permanent home in the United States. Through this process, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), likewise called Lawful Permanent Residence. There are several categories of tasks eligible for employment-based migration according to EB3 or EB2 requirements. The Department of Labor supervises this procedure, which consists of "testing the labor market" to reveal that there are no U.S. employees who are able, prepared, certified or available to fill the role.

Who can apply?

Generally, any employer can sponsor any staff member for permanent house. This procedure is provided for tasks varying from dishwashing machine to medical professional. Most tasks need a PERM application, however there are some occupations that do not, consisting of nurses, physical therapists, individuals of "remarkable capability," and those in the "nationwide interest" (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position must be full-time and "permanent" (which indicates lasting more than a year with no set end date). The employer must be actively associated with the petition process, sharing monetary info to show capability to pay the government-approved wage, and paying all of the costs included in the PERM application (without charging that cash back to the staff member).

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

Getting a permit through PERM is a multi-step process. It usually takes about 2-3 years, but can be a lot longer for people born in China or India. The total cost will vary depending upon whether you work with a private attorney or are able to get totally free legal assistance, however the range is anywhere from $2,500 (which is type charges, marketing and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a personal lawyer for the whole process). The employer is needed to pay for all charges associated with the Department of Labor part of the procedure. The rest for processing with USCIS is flexible; some companies will provide to compensate the USCIS expenses if the employee stays a certain number of years.

What are the actions included?

1. First, you need to have an employer going to commit to employing you for a full-time, "long-term" position and spend for required attorney 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) should certify there are no competent U.S. employees available for the task. 3. After the PERM application is certified, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, along with evidence that you, the staff member, are qualified for the task, and evidence of the company's ability to pay the wage. 4. Once approved, you may be all set for either Consular Processing (departing the U.S. for your visa interview abroad) or a Modification of Status (from inside the U.S.). A lawyer can inform you which path you are qualified for in order to finish your green card (Permanent Residency) path. At that action, you (and relative) will undergo a considerable background check including medical examination, security check, criminal background check, and visa history.

Where can I get help getting one?

- American Immigration Lawyers Association: employment 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 immigration visa?

    - Curran, Berger & Kludt Immigration Law's Permit Through PERM Roadmap
  • Pathway for Immigrant Workers at myimmigrantpathway.org

    To learn more, go to:

    - USCIS's Employment-Based Immigration: Third Preference EB-3
  • U.S. Department of Labor's Foreign Labor Certification: employment How Do I concerns - University of Michigan's Permit Application Process

    This resource was created by Denia Pérez, Esq. and Marilia Zellner, Esq. with the editing assistance 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 support in modifying and revising this resource and for offering consultations to our neighborhood.

    Immigrants Rising assists you make choices based upon your capacity, not your viewed limits. Visit our site so you can see what's possible: immigrantsrising.org. Released 3/2023.
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Reference: aleishathrower/travelpages#41