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 initial step of the most common permit category used by companies to sponsor a staff member for long-term home in the United States. Through this procedure, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are several classifications of tasks qualified for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor manages this process, which includes "evaluating the labor market" to show that there are no U.S. employees who are able, willing, competent or readily available to fill the role.
Who can use?
Generally, any company can sponsor any employee for permanent residence. This process is provided for tasks ranging from dishwasher to doctor. Most jobs need a PERM application, but there are some professions that don't, including nurses, physical therapists, people of "exceptional capability," and those working in the "national interest" (particularly those in STEM fields with Ph.D. s).
What are the eligibility requirements?
The position should be full-time and "irreversible" (which indicates lasting more than a year with no fixed end date). The company needs to be actively associated with the petition process, sharing monetary details 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 worker).
For how long does it take & how much does it cost?
Getting a green card through PERM is a multi-step process. It typically takes about 2-3 years, but can be a lot longer for people born in China or India. The overall cost will differ depending on whether you hire a personal lawyer or employment have the ability to get complimentary legal support, but the variety is anywhere from $2,500 (which is kind charges, advertising and background/ screening checks) to $20,000 (consisting of premium processing and paying a private lawyer for the entire procedure). The employer is needed to spend for all fees related to the Department of Labor part of the process. The rest for processing with USCIS is negotiable; some companies will use to repay the USCIS expenses if the employee remains a certain number of years.
What are the actions involved?
1. First, you require to have an employer ready to dedicate to hiring you for a full-time, "long-term" position and spend for needed lawyer fees and legal fees.
2. Next, after validating your eligibility, the lawyer will help you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) need to license there are no certified U.S. employees for the task.
3. After the PERM application is accredited, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, together with proof that you, the staff member, are qualified for the task, and proof of the employer's ability to pay the salary.
4. Once authorized, you might be ready 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 course you are eligible for in order to complete your green card (Permanent Residency) path. At that step, you (and employment member of the family) will undergo a substantial background check including medical test, security check, criminal background check, and visa history.
Where can I get help making an application for employment one?
- American Immigration Lawyers Association: ailalawyer.com
- Curran, Berger & Kludt Immigration Law: cbkimmigration.com
- Pathway for Immigrant Workers: employment myimmigrantpathway.org
- Path2Papers (P2P): sites.lawschool.cornell.edu/path2papers
Where can I discover more about this immigration visa?
- Curran, Berger & Kludt Immigration Law's Green Card Through PERM Roadmap
- Pathway for Immigrant Workers at myimmigrantpathway.org
To learn more, 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 developed by Denia Pérez, Esq. and Marilia Zellner, Esq. with the editing assistance from Jesús Flores Rodríguez and Claire Calderon.
We want to thank Dan Berger, partner at Curran, employment Berger & Kludt Immigration Law and Leslie Tuttle Ditrani, Founder and Executive Director employment of Pathway for Immigrant Workers, 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 capacity, not your perceived limitations. Visit our website so you can see what's possible: immigrantsrising.org. Released 3/2023.
