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Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which represents Program Electronic Review Management, and is likewise known as “Labor Certification,” is the very first step of the most typical permit classification utilized by companies to sponsor employment a staff member for employment long-term home in the United States. Through this process, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), employment likewise called Lawful Permanent Residence. There are several classifications of jobs eligible for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor oversees this procedure, that includes “checking the labor market” to reveal that there are no U.S. employees who are able, ready, employment competent or employment available to fill the function.

Who can apply?

Generally, any employer can sponsor any employee for permanent residence. This procedure is provided for tasks varying from dishwashing machine to physician. Most jobs require a PERM application, but there are some professions that do not, including nurses, physiotherapists, people of “extraordinary 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 indicates lasting more than a year without any fixed end date). The employer must be actively associated with the petition process, sharing financial information to prove 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).

How long 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, employment however can be much longer for people born in China or India. The total cost will vary depending upon whether you work with a private attorney or have the ability to secure free legal assistance, employment however the range is anywhere from $2,500 (which is kind fees, advertising and background/ screening checks) to $20,000 (including premium processing and paying a private lawyer for the entire process). The employer is required to pay for all fees associated with the Department of Labor part of the process. The rest for processing with USCIS is negotiable; some companies will provide to repay the USCIS costs if the staff member remains a particular variety of years.

What are the actions involved?

1. First, you require to have a company ready to commit to employing you for a full-time, “permanent” position and spend for needed attorney fees and legal charges.
2. Next, after verifying your eligibility, the lawyer 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 qualified U.S. employees offered for the job.
3. After the PERM application is licensed, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, along with proof that you, the worker, are certified for the job, and proof of the company’s ability to pay the wage.
4. Once authorized, you may be ready for either Consular Processing (departing the U.S. for your visa interview abroad) or a Change of Status (from inside the U.S.). An attorney can tell you which course you are qualified for in order to finish your green card (Permanent Residency) course. At that action, you (and household members) will undergo a substantial background 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 find out more about this migration visa?

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

For more details, go to:

– 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 assistance in editing and modifying this resource and for providing consultations to our neighborhood.

Immigrants Rising helps you make choices based on your potential, not your perceived limitations. Visit our site so you can see what’s possible: immigrantsrising.org. Released 3/2023.