Getting a PERM; An Employment-based Permit
What is PERM?
PERM, which stands for Program Electronic Review Management, and is also called "Labor Certification," is the primary step of the most common permit classification used by companies to sponsor a staff member for long-term residence in the United States. Through this process, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are numerous categories of jobs eligible for employment-based migration according to EB3 or EB2 requirements. The Department of Labor supervises this process, that includes "testing the labor market" to show that there are no U.S. workers who are able, willing, competent or offered to fill the function.
Who can use?
Generally, any company can sponsor any staff member for irreversible home. This process is provided for jobs ranging from dishwasher to doctor. Most tasks require a PERM application, but there are some professions that do not, including nurses, physical therapists, people of "exceptional capability," and those operating in the "national interest" (specifically those in STEM fields with Ph.D. s).
What are the eligibility requirements?
The position should be full-time and "irreversible" (which means lasting more than a year with no set end date). The employer must be actively involved in the petition procedure, sharing financial info to prove capability to pay the government-approved wage, and paying all of the costs included in the PERM application (without charging that cash back to the staff member).
How long does it take & just how much does it cost?
Getting a permit through PERM is a multi-step procedure. It normally takes about 2-3 years, however can be a lot longer for individuals born in China or India. The overall expense will vary depending on whether you employ a personal lawyer or have the ability to secure free legal support, but the variety is anywhere from $2,500 (which is form fees, marketing and background/ screening checks) to $20,000 (consisting of premium processing and paying a personal attorney for the entire procedure). The employer is required to pay for all fees associated with the Department of Labor part of the procedure. The rest for processing with USCIS is flexible; some employers will provide to repay the USCIS costs if the employee remains a particular number of years.
What are the actions involved?
1. First, you need to have an employer happy to commit to employing you for a full-time, "permanent" position and pay for employment required lawyer fees and legal costs.
2. Next, after confirming your eligibility, the lawyer will assist you submit a PERM application and test the labor market. Then, employment the U.S. Department of Labor (DOL) need to certify there are no qualified U.S. workers offered for the job.
3. After the PERM application is accredited, employment the company can send it to USCIS with Form I-140 Immigrant Visa Petition, along with proof that you, employment the employee, are qualified 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 employment your visa interview abroad) or a Modification of Status (from inside the U.S.). A lawyer can inform you which path you are qualified for in order to complete your green card (Permanent Residency) course. At that step, you (and household members) will go through a significant background check including medical examination, security check, criminal background check, and visa history.
Where can I get help looking for one?
- American Immigration Lawyers Association: ailalawyer.com
- Curran, employment 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 immigration visa?
- Curran, Berger & Kludt Immigration Law's Permit Through PERM Roadmap - Pathway for Immigrant Workers at myimmigrantpathway.org
For more info, visit:
- USCIS's Employment-Based Immigration: Third 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 created by Denia Pérez, Esq. and Marilia Zellner, Esq. with the modifying 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 employment Executive Director of Pathway for Immigrant Workers, for their support in modifying and modifying this resource and for using assessments to our community.
Immigrants Rising helps you make choices based on your potential, not your viewed limits. Visit our site so you can see what's possible: immigrantsrising.org. Released 3/2023.