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Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which means Program Electronic Review Management, and is also referred to as “Labor Certification,” is the initial step of the most common green card classification utilized by employers to sponsor a worker for permanent home 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 immigration according to EB3 or EB2 criteria. The Department of Labor manages this process, that includes “evaluating the labor market” to show that there are no U.S. employees who are able, ready, competent or available to fill the function.

Who can apply?

Generally, any employer can sponsor any employee for permanent house. This process is provided for jobs varying from dishwasher to physician. Most jobs need a PERM application, employment but there are some occupations that don’t, including nurses, physiotherapists, individuals of “remarkable capability,” and those operating in the “national interest” (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position must be full-time and “long-term” (which suggests lasting more than a year with no fixed end date). The employer must be actively associated with the petition process, sharing monetary info to show 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 employee).

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

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

What are the steps included?

1. First, employment you need to have an employer ready to commit to hiring you for employment a full-time, “permanent” position and spend for needed lawyer fees and legal fees.
2. Next, after verifying your eligibility, the lawyer will help you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) should license there are no certified U.S. employees 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, in addition to evidence that you, the worker, are gotten approved for the task, and evidence of the company’s capability to pay the salary.
4. Once approved, you might be prepared for either Consular Processing (leaving the U.S. for your visa interview abroad) or a Modification of Status (from inside the U.S.). An attorney can inform you which path you are eligible for in order to complete your green card (Permanent Residency) course. At that step, you (and relative) will go through a considerable background check including medical examination, security check, criminal background check, and visa history.

Where can I get help using for one?

– American Immigration Lawyers Association: ailalawyer.com
– Curran, Berger & Kludt Immigration Law: cbkimmigration.com
– Pathway for employment Immigrant Workers: myimmigrantpathway.org
– Path2Papers (P2P): .cornell.edu/path2papers

Where can I find out more about this immigration visa?

– Curran, Berger & Kludt Immigration Law’s Green Card Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

For more information, visit:

– USCIS’s Employment-Based Immigration: Third Preference EB-3
– U.S. Department of Labor’s Foreign Labor Certification: employment How Do I questions
– University of Michigan’s Green Card Application Process

This resource was produced by Denia Pérez, Esq. and Marilia Zellner, Esq. with the modifying 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, employment Founder and Executive Director of Pathway for Immigrant Workers, for their support in modifying and modifying this resource and for offering consultations to our neighborhood.

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