Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, and is also called « Labor Certification, » is the primary step of the most typical permit category utilized by employers to sponsor a worker for permanent residence in the United States. Through this process, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), likewise called Lawful Permanent Residence. There are a number of categories of tasks qualified for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor oversees this process, that includes « evaluating the labor market » to show that there are no U.S. workers who are able, willing, qualified or offered to fill the role.

Who can use?

Generally, any company can sponsor any employee for long-term residence. This procedure is done for jobs ranging from dishwashing machine to doctor. Most tasks require a PERM application, but there are some professions that don’t, including 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 must be full time and « permanent » (which indicates lasting more than a year with no set end date). The company needs to be actively associated with the petition process, sharing financial information to prove capability to pay the government-approved wage, employment and paying all of the costs involved in the PERM application (without charging that refund to the worker).

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

Getting a green card through PERM is a multi-step procedure. It generally takes about 2-3 years, however can be a lot longer for people born in China or India. The total expense will differ upon whether you employ a personal attorney or are able to get free legal help, however the range is anywhere from $2,500 (which is type fees, advertising and background/ screening checks) to $20,000 (including premium processing and paying a private lawyer for the entire process). The company is required to pay for all fees related to the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will use to reimburse the USCIS expenses if the staff member remains a particular number of years.

What are the actions included?

1. First, you need to have an employer prepared to commit to employing you for a full-time, « long-term » position and spend for required lawyer charges and legal charges.
2. Next, after verifying your eligibility, the attorney will assist you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) should accredit there are no competent U.S. employees readily available for the job.
3. After the PERM application is certified, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, in addition to proof that you, employment the worker, are received the job, and proof of the employer’s capability to pay the wage.
4. Once approved, you might 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.). An attorney can inform you which path you are qualified for in order to finish your green card (Permanent Residency) path. 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 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 find out more about this migration visa?

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

For additional information, check out:

– 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 produced by Denia Pérez, Esq. and Marilia Zellner, Esq. with the modifying 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 editing and revising this resource and employment for providing assessments to our neighborhood.

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