Getting a PERM; An Employment-based Permit

What is PERM?

PERM, job which represents Program Electronic Review Management, and is also referred to as “Labor Certification,” is the initial step of the most common green card category used by companies to sponsor a staff member for long-term house in the United States. Through this process, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), also called Lawful Permanent Residence. There are numerous classifications of jobs eligible for employment-based migration according to EB3 or job EB2 requirements. The Department of Labor supervises this procedure, which includes “checking the labor market” to show that there are no U.S. workers who are able, prepared, competent or readily available to fill the function.

Who can apply?

Generally, any company can sponsor any employee for irreversible residence. This procedure is provided for jobs varying from dishwashing machine to medical professional. Most jobs need a PERM application, however there are some occupations that don’t, consisting of nurses, physical therapists, individuals of “remarkable capability,” and those working 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 “irreversible” (which implies lasting more than a year with no fixed end date). The employer needs to be actively associated with the petition process, sharing financial details to show capability to pay the government-approved wage, and paying all of the costs involved in the PERM application (without charging that cash back to the worker).

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

Getting a permit through PERM is a multi-step process. It generally takes about 2-3 years, however can be much longer for people born in China or India. The total cost will differ depending on whether you work with a private lawyer or have the ability to secure free legal support, but the variety is anywhere from $2,500 (which is type costs, marketing and background/ evaluating checks) to $20,000 (including premium processing and paying a private attorney for job the entire procedure). The employer is needed to pay for all fees connected to the Department of Labor part of the process. The rest for processing with USCIS is negotiable; some employers will provide to reimburse the USCIS costs if the worker remains a particular number of years.

What are the actions included?

1. First, you need to have an employer happy to commit to employing you for a full-time, “long-term” position and pay for needed attorney fees and legal costs.
2. Next, after validating your eligibility, the lawyer will help you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must accredit there are no qualified U.S. employees available for the job.
3. After the PERM application is licensed, job the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, together with proof that you, the worker, are gotten approved for the job, and proof of the employer’s ability 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 Change of Status (from inside the U.S.). A lawyer can tell you which course you are qualified for in order to complete your green card (Permanent Residency) course. At that action, you (and member of the family) will go through a considerable background check consisting of medical exam, security check, criminal background check, and visa history.

Where can I get assist using for one?

– American Immigration Lawyers Association: ailalawyer.com
– Curran, Berger & Kludt Immigration Law: cbkimmigration.com
– Pathway for Immigrant Workers: job myimmigrantpathway.org
– Path2Papers (P2P): sites.lawschool.cornell.edu/path2papers

Where can I learn more about this immigration visa?

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

For more info, visit:

– USCIS’s Employment-Based Immigration: Third Preference EB-3
– U.S. Department of Labor’s Foreign Labor job Certification: How Do I questions
– University of Michigan’s Green Card Application Process

This resource was created by Denia Pérez, Esq. and Marilia Zellner, Esq. with the editing 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 modifying this resource and for to our community.

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