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 utilized by employers to sponsor a staff member for irreversible home in the United States. Through this process, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are several categories of tasks qualified for employment-based migration according to EB3 or EB2 criteria. The Department of Labor supervises this procedure, that includes “evaluating the labor market” to show that there are no U.S. workers who are able, willing, competent or readily available to fill the function.
Who can apply?
Generally, any company can sponsor any staff member for long-term residence. This process is provided for tasks ranging from dishwasher to doctor. Most tasks require a PERM application, employment but there are some occupations that do not, including nurses, physiotherapists, individuals of “exceptional capability,” and those working in the “nationwide interest” (especially 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 should be actively involved in the petition process, sharing monetary information to prove ability to pay the government-approved wage, and paying all of the expenses included in 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 usually takes about 2-3 years, but can be a lot longer for individuals born in China or India. The total cost will vary depending on whether you employ a personal attorney or are able to get complimentary legal support, employment but the range is anywhere from $2,500 (which is kind costs, advertising and background/ evaluating checks) to $20,000 (including premium processing and paying a personal lawyer for the entire procedure). The employer is required to spend for all costs associated with the Department of Labor part of the process. The rest for processing with USCIS is negotiable; some employers will use to reimburse 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 happy to commit to hiring you for a full-time, “irreversible” position and spend for required lawyer charges and legal fees.
2. Next, after confirming your eligibility, the lawyer will assist you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) need to license there are no qualified U.S. employees readily available for the job.
3. After the PERM application is certified, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, together with proof that you, the staff member, are gotten approved for the job, and evidence of the company’s capability to pay the salary.
4. Once authorized, you might be all set for either Consular Processing (leaving 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) course. At that step, you (and relative) will undergo a substantial background check including medical examination, security check, criminal background check, and visa history.
Where can I get help looking for one?
– American Immigration Lawyers Association: .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 immigration visa?
– Curran, Berger & Kludt Immigration Law’s Permit Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org
To find out more, check out:
– USCIS’s Employment-Based Immigration: Third Preference EB-3
– U.S. Department of Labor’s Foreign Labor Certification: How Do I concerns
– 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 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 support in editing and employment revising this resource and for offering assessments to our neighborhood.
Immigrants Rising assists you make decisions based on your potential, not your viewed limitations. Visit our site so you can see what’s possible: immigrantsrising.org. Released 3/2023.