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 classification used by companies to sponsor a staff member for long-term house in the United States. Through this process, employment specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are several categories of jobs qualified for employment-based migration according to EB3 or EB2 requirements. The Department of this procedure, that includes “checking the labor market” to show that there are no U.S. workers who are able, prepared, qualified or offered to fill the role.

Who can use?

Generally, any employer can sponsor any staff member for long-term house. This process is provided for jobs ranging from dishwasher to medical professional. Most tasks require a PERM application, but there are some occupations that do not, consisting of nurses, physiotherapists, people of “exceptional ability,” 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 suggests lasting more than a year without any fixed end date). The company should be actively associated with the petition process, sharing monetary info to show ability to pay the government-approved wage, and paying all of the costs associated with the PERM application (without charging that money back to the employee).

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

Getting a permit through PERM is a multi-step procedure. It usually takes about 2-3 years, but can be a lot longer for individuals born in China or India. The total cost will differ depending on whether you hire a personal attorney or are able to secure free legal help, but the range is anywhere from $2,500 (which is type charges, advertising and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a private lawyer for the entire process). The employer is needed to pay for all charges related to the Department of Labor part of the process. The rest for processing with USCIS is flexible; some companies will provide to compensate the USCIS expenses if the staff member remains a certain variety of years.

What are the steps involved?

1. First, you require to have an employer happy to devote to employing you for a full-time, “irreversible” position and pay for needed lawyer charges and legal fees.
2. Next, after confirming your eligibility, the attorney will assist you submit 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 offered for the task.
3. After the PERM application is licensed, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, together with evidence that you, the employee, are gotten approved for the job, and evidence of the company’s ability to pay the wage.
4. Once approved, you might be prepared for employment either Consular Processing (departing the U.S. for your visa interview abroad) or an Adjustment of Status (from inside the U.S.). A lawyer can inform you which course you are eligible for in order to complete your permit (Permanent Residency) path. At that action, you (and relative) will go through a significant background check consisting of medical test, security check, criminal background check, and visa history.

Where can I get assist obtaining 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 Green Card 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 produced by Denia Pérez, Esq. and employment Marilia Zellner, employment 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, employment Founder and Executive Director of Pathway for Immigrant Workers, for their support in editing and modifying this resource and for using assessments to our neighborhood.

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