Zimtechinfo

Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which stands for Program Electronic Review Management, and is also called “Labor Certification,” is the primary step of the most common green card category utilized by employers to sponsor an employee for permanent residence in the United States. Through this procedure, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), likewise called Lawful Permanent Residence. There are a number of classifications of tasks eligible for employment-based immigration according to EB3 or job EB2 criteria. The Department of Labor supervises this process, which includes “evaluating the labor market” to reveal that there are no U.S. employees who are able, willing, qualified or available to fill the role.

Who can apply?

Generally, any company can sponsor any worker for permanent house. This process is provided for jobs varying from dishwashing machine to doctor. Most tasks require a PERM application, but there are some occupations that do not, consisting of nurses, physical therapists, individuals of “extraordinary ability,” and those working in the “national 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 should be actively included in the petition process, job sharing financial details to prove ability to pay the government-approved wage, and paying all of the expenses associated with the PERM application (without charging that cash back to the employee).

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 much longer for people born in China or India. The overall expense will differ depending on whether you hire a personal attorney or have the ability to secure free legal assistance, however the variety is anywhere from $2,500 (which is form charges, marketing and background/ screening checks) to $20,000 (including premium processing and paying a private attorney for the entire process). The company is required to pay for all charges associated with the Department of Labor part of the procedure. The rest for processing with USCIS is flexible; some employers will use to repay the USCIS costs if the staff member remains a specific variety of years.

What are the actions involved?

1. First, you need to have a company happy to devote to hiring you for a full-time, “long-term” position and pay for required attorney costs 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) should certify there are no qualified U.S. employees 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, along with proof that you, the employee, are received the task, and evidence of the company’s ability to pay the income.
4. Once authorized, you may be all set 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 inform you which course you are eligible for in order to complete your permit (Permanent Residency) path. At that action, you (and member of the family) will go through a substantial background check including medical examination, security check, criminal background check, and visa history.

Where can I get assist 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 job additional information, visit:

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

This resource was 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, job for their support in editing and modifying this resource and for using assessments to our community.

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