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 primary step of the most typical permit category utilized by employers to sponsor a staff member for permanent house in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are a number of categories of jobs eligible for employment-based migration according to EB3 or EB2 criteria. The Department of Labor oversees this process, which consists of "checking the labor market" to show that there are no U.S. employees who are able, willing, certified or readily available to fill the function.
Who can apply?
Generally, any company can sponsor any staff member for permanent residence. This process is done for employment tasks varying from dishwasher to doctor. Most tasks require a PERM application, however there are some professions that do not, including nurses, physical therapists, people of "extraordinary 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 "irreversible" (which implies lasting more than a year without any set end date). The employer should be actively included in the petition process, sharing monetary info to prove capability 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 permit through PERM is a multi-step process. It normally takes about 2-3 years, however can be a lot longer for people born in China or India. The total expense will vary on whether you hire a private attorney or are able to secure free legal help, but the range is anywhere from $2,500 (which is form costs, advertising and background/ screening checks) to $20,000 (including premium processing and paying a private lawyer for the entire procedure). The employer is required to spend for all charges related to 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 staff member stays a certain variety of years.
What are the steps included?
1. First, you require to have an employer happy to devote to employing you for a full-time, "long-term" position and pay for required attorney fees and legal costs. 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 accredit there are no certified U.S. employees readily available for the task. 3. After the PERM application is licensed, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, together with evidence that you, the employee, are certified for the task, and proof of the company's ability to pay the income. 4. Once authorized, you might be ready 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 tell you which course you are qualified for in order to finish your green card (Permanent Residency) path. At that action, you (and member of the family) will undergo a considerable background check consisting of medical examination, security check, criminal background check, 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 immigration visa?
- Curran, Berger & Kludt Immigration Law's Permit Through PERM Roadmap - Pathway for Immigrant Workers at myimmigrantpathway.org
To find out more, visit:
- 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 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 modifying this resource and for offering consultations to our community.
Immigrants Rising helps you make decisions based upon your capacity, not your perceived limits. Visit our site so you can see what's possible: immigrantsrising.org. Released 3/2023.