Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which represents Program Electronic Review Management, and is likewise referred to as “Labor Certification,” is the initial step of the most common green card category used by employers to sponsor employment a staff member for irreversible house in the United States. Through this procedure, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), likewise called Lawful Permanent Residence. There are several classifications of tasks 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. workers who are able, ready, competent or offered to fill the role.

Who can use?

Generally, any employer can sponsor any employee for permanent residence. This procedure is done for tasks ranging from dishwasher to medical professional. Most jobs require a PERM application, but there are some occupations that do not, including nurses, physiotherapists, individuals of “remarkable ability,” and those operating in the “nationwide interest” (specifically those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position must be full-time and “permanent” (which means lasting more than a year with no fixed end date). The employer should be actively included in the petition process, sharing financial information to show capability 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 & how much does it cost?

Getting a green card through PERM is a multi-step process. It generally takes about 2-3 years, but can be a lot longer for people born in China or India. The total cost will vary depending upon whether you work with a personal attorney or are able to secure free legal support, however the variety is anywhere from $2,500 (which is kind charges, advertising and background/ screening checks) to $20,000 (including premium processing and paying a private lawyer for the whole process). The employer is needed to pay for all costs connected to the Department of Labor part of the process. The rest for processing with USCIS is negotiable; some employers will provide to repay the USCIS costs if the staff member remains a certain number of years.

What are the actions included?

1. First, you need to have an employer prepared to commit to hiring you for a full-time, “permanent” position and spend for required lawyer fees and legal costs.
2. Next, after validating your eligibility, the lawyer will help you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) should accredit there are no competent U.S. employees readily available for the job.
3. After the PERM application is licensed, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, along with proof that you, the worker, are received the job, and evidence of the company’s capability to pay the wage.
4. Once authorized, you may be prepared for either Consular Processing (departing the U.S. for your visa interview abroad) or an Adjustment of Status (from inside the U.S.). An attorney can tell you which path you are qualified for in order to finish your permit (Permanent Residency) path. At that action, you (and member of the family) will undergo a substantial background check including medical examination, security check, criminal background check, and visa history.

Where can I get help applying for employment 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, employment Berger & Kludt Immigration Law’s Green Card Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

For additional information, visit:

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

This resource was produced by Denia Pérez, Esq. and Marilia Zellner, Esq. with the editing support from Jesús Flores Rodríguez and Claire Calderon.

We want 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 revising this resource and for using consultations to our neighborhood.

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