Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which represents Program Electronic Review Management, and is also understood as “Labor Certification,” is the first action of the most common green card classification utilized by companies to sponsor a worker for long-term 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 qualified for employment-based migration according to EB3 or somalibidders.com EB2 criteria. The Department of Labor oversees this process, which includes “testing the labor market” to reveal that there are no U.S. workers who are able, prepared, competent or readily available to fill the function.

Who can use?

Generally, any employer can sponsor any staff member for long-term home. This procedure is done for adremcareers.com jobs ranging from dishwashing machine to doctor. Most jobs need a PERM application, but there are some professions that don’t, including nurses, physiotherapists, individuals of “exceptional ability,” and those working in the “national interest” (especially 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 without any fixed end date). The employer should be actively associated with the petition process, sharing monetary details to prove ability to pay the government-approved wage, and paying all of the costs involved in the PERM application (without charging that cash back to the staff member).

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

Getting a green card through PERM is a multi-step process. It typically takes about 2-3 years, however can be a lot longer for people born in China or India. The total expense will differ depending upon whether you hire a private lawyer or have the ability to secure free legal assistance, but the variety is anywhere from $2,500 (which is type costs, advertising and background/ screening checks) to $20,000 (consisting of premium processing and paying a personal lawyer for the whole procedure). The company is needed to pay for all fees associated with the Department of Labor part of the procedure. The rest for processing with USCIS is flexible; some companies will provide to reimburse the USCIS costs if the worker stays a specific number of years.

What are the steps included?

1. First, you require to have a company going to devote to employing you for a full-time, “irreversible” position and pay for needed attorney fees and legal costs.
2. Next, after validating your eligibility, the attorney will assist you file 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 available for the task.
3. After the PERM application is accredited, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, together with evidence that you, the staff member, are certified for the task, and of the company’s capability to pay the wage.
4. Once authorized, referall.us you might be ready 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 inform you which course you are eligible for in order to complete your permit (Permanent Residency) course. At that action, you (and member of the family) will go through a considerable background check including medical test, 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

For more information, 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 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 editing and revising this resource and for offering 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.