关于我们

Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, and is also understood as "Labor Certification," is the first action of the most typical permit category utilized by companies to sponsor a staff member for permanent 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 categories of jobs qualified for employment-based immigration according to EB3 or EB2 requirements. The Department of Labor employment manages this process, which consists of "evaluating the labor market" to reveal that there are no U.S. workers who are able, prepared, competent or offered to fill the role.

Who can apply?

Generally, any employer can sponsor any employee for permanent home. This process is provided for jobs ranging from dishwasher to doctor. Most tasks require a PERM application, but there are some occupations that don't, including nurses, physiotherapists, people of "exceptional ability," 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 "permanent" (which means lasting more than a year with no set end date). The company should be actively associated with the petition procedure, sharing monetary information to prove ability to pay the government-approved wage, and paying all of the costs associated with the PERM application (without charging that refund to the staff member).

The length of time does it take & how much does it cost?

Getting a permit through PERM is a multi-step process. It generally takes about 2-3 years, but can be much longer for people born in China or India. The overall expense will differ depending upon whether you employ a private lawyer or have the ability to secure free legal support, but the variety is anywhere from $2,500 (which is type charges, marketing and background/ screening checks) to $20,000 (consisting of premium processing and paying a personal lawyer for the whole procedure). The employer is required to pay for all costs related to the of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will offer to reimburse the USCIS expenses if the staff member stays a certain variety of years.

What are the actions involved?

1. First, you need to have an employer happy to dedicate to hiring you for a full-time, "irreversible" position and pay for employment required lawyer fees and legal costs.
2. Next, after verifying your eligibility, the lawyer will help you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) should license there are no qualified U.S. employees offered for the job.
3. After the PERM application is accredited, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, in addition to proof that you, the staff member, employment are gotten approved for the job, and employment evidence of the employer's ability to pay the wage.
4. Once authorized, you might be prepared for either Consular Processing (departing the U.S. for your visa interview abroad) or an Adjustment of Status (from inside the U.S.). An attorney can tell you which path you are qualified for in order to finish your green card (Permanent Residency) course. At that action, you (and family members) will undergo a significant background check including medical examination, security check, criminal background check, and visa history.

Where can I get help getting one?

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

Where can I discover more about this migration visa?

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

To find out more, employment go to:

- USCIS's Employment-Based Immigration: Third Preference EB-3
- U.S. Department of Labor's Foreign Labor Certification: employment 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 assistance in modifying and revising this resource and for providing assessments to our community.

Immigrants Rising assists 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.