Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which Electronic Review Management, and is likewise understood as “Labor Certification,” is the primary step of the most common permit category utilized by employers to sponsor job an employee for long-term home 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 EB2 criteria. The Department of Labor supervises this process, which includes “checking the labor market” to show that there are no U.S. employees who are able, job ready, qualified or offered to fill the role.

Who can use?

Generally, any employer can sponsor any staff member for irreversible residence. This process is done for jobs ranging from dishwashing machine to medical professional. Most tasks require a PERM application, however there are some professions that do not, consisting of nurses, job physiotherapists, people of “remarkable capability,” and those operating in the “national interest” (especially those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full-time and “irreversible” (which indicates lasting more than a year with no set end date). The company needs to be actively associated with the petition process, sharing financial information to show ability to pay the government-approved wage, and paying all of the expenses involved in the PERM application (without charging that money back to the staff member).

For how long does it take & how much does it cost?

Getting a permit through PERM is a multi-step process. It normally takes about 2-3 years, however can be much longer for individuals born in China or India. The overall expense will differ depending upon whether you hire a private lawyer or have the ability to get free legal assistance, however the range is anywhere from $2,500 (which is form costs, advertising and background/ evaluating checks) to $20,000 (including premium processing and paying a private attorney for the entire procedure). The company is required to spend for all costs associated with the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will offer to compensate the USCIS costs if the worker stays a certain variety of years.

What are the actions included?

1. First, you need to have a company ready to dedicate to hiring you for a full-time, “irreversible” position and pay for needed lawyer fees and legal fees.
2. Next, after validating your eligibility, the attorney will help you file 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. workers offered for the job.
3. After the PERM application is accredited, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, along with proof that you, the staff member, job are certified for the task, and proof of the employer’s ability to pay the salary.
4. Once approved, you might be prepared for job either Consular Processing (leaving the U.S. for your visa interview abroad) or a Change of Status (from inside the U.S.). An attorney can inform you which path you are qualified for in order to complete your green card (Permanent Residency) path. At that step, you (and relative) will go through a significant background check including medical examination, security check, criminal background check, job and visa history.

Where can I get help 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 discover 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, 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 created by Denia Pérez, Esq. and Marilia Zellner, Esq. with the editing support 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 modifying this resource and for offering assessments to our neighborhood.

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