Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which represents Program Electronic Review Management, and is also referred to as “Labor Certification,” is the primary step of the most common green card category used by employers to sponsor an employee for long-term residence in the United States. Through this process, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are numerous classifications of jobs qualified for employment-based migration according to EB3 or EB2 criteria. The Department of Labor manages this process, that includes “testing the labor market” to reveal that there are no U.S. employees who are able, willing, certified or readily available to fill the function.

Who can use?

Generally, any employer can sponsor any employee for permanent residence. This procedure is done for tasks varying from dishwasher to doctor. Most jobs need a PERM application, but there are some occupations that don’t, including nurses, employment physical therapists, individuals of “remarkable ability,” 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 complete time and “permanent” (which means lasting more than a year with no fixed end date). The company should be actively involved in the petition process, information 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 worker).

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

Getting a green card through PERM is a multi-step procedure. It normally takes about 2-3 years, however can be much longer for individuals born in China or employment India. The overall cost will vary depending upon whether you work with a private lawyer or have the ability to get totally free legal assistance, however the range is anywhere from $2,500 (which is form costs, advertising and background/ screening checks) to $20,000 (consisting of premium processing and paying a private lawyer for the whole process). The company is needed to spend for all fees associated with the Department of Labor part of the process. The rest for processing with USCIS is flexible; some employers will offer to compensate the USCIS costs if the employee remains a specific variety of years.

What are the actions involved?

1. First, you require to have a company ready to devote to employing you for a full-time, “permanent” position and spend for needed attorney charges and legal charges.
2. Next, after verifying your eligibility, the attorney will assist you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must accredit there are no competent U.S. workers available 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 evidence that you, the staff member, are received the job, and proof of the company’s ability to pay the income.
4. Once approved, you might be ready for either Consular Processing (leaving the U.S. for your visa interview abroad) or employment a Modification of Status (from inside the U.S.). A lawyer can tell you which course you are qualified for in order to finish your permit (Permanent Residency) course. At that step, you (and relative) will go through a substantial background check consisting of 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 Permit Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

For additional information, see:

– 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 Permit 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, 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 for using assessments to our neighborhood.

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