Getting a PERM; An Employment-based Green Card
What is PERM?
PERM, which represents Program Electronic Review Management, and is also called "Labor Certification," is the primary step of the most common green card category used by companies to sponsor an employee for irreversible house in the United States. Through this process, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), likewise called Lawful Permanent Residence. There are a number of classifications of jobs qualified for employment-based migration according to EB3 or EB2 requirements. The Department of Labor supervises this procedure, which consists of "testing the labor market" to reveal that there are no U.S. workers who are able, ready, certified or available to fill the function.
Who can use?
Generally, any employer can sponsor any employee for irreversible house. This process is done for jobs ranging from dishwashing machine to doctor. Most a PERM application, however there are some professions that do not, consisting of nurses, physical therapists, people of "exceptional capability," and those operating in the "national interest" (especially those in STEM fields with Ph.D. s).
What are the eligibility requirements?
The position must be complete time and "long-term" (which means lasting more than a year with no fixed end date). The company needs to be actively involved in the petition procedure, sharing financial 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 staff member).
How long does it take & how much does it cost?
Getting a permit through PERM is a multi-step procedure. It generally takes about 2-3 years, however can be much longer for people born in China or India. The total cost will vary depending on whether you employ a personal attorney or are able to secure free legal support, however the variety is anywhere from $2,500 (which is kind charges, marketing and background/ screening checks) to $20,000 (including premium processing and paying a personal lawyer for the whole process). The employer is needed to spend for all costs associated with the Department of Labor part of the process. The rest for processing with USCIS is flexible; some employers will offer to reimburse the USCIS costs if the staff member stays a specific variety of years.
What are the actions included?
1. First, you require to have a company going to commit to employing you for a full-time, "irreversible" position and spend for required lawyer costs and legal charges.
2. Next, after verifying your eligibility, the attorney will help you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must certify there are no certified U.S. workers available for the task.
3. After the PERM application is certified, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, in addition to evidence that you, the employee, are qualified for the job, and proof of the company's capability to pay the salary.
4. Once approved, you may be ready for either Consular Processing (departing the U.S. for your visa interview abroad) or a Modification of Status (from inside the U.S.). A lawyer can tell you which course you are eligible for in order to finish your green card (Permanent Residency) course. At that action, you (and member of the family) will go through a considerable background check consisting of medical examination, security check, criminal background check, and visa history.
Where can I get help making an application for 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 migration visa?
- Curran, Berger & Kludt Immigration Law's Permit Through PERM Roadmap - Pathway for Immigrant Workers at myimmigrantpathway.org
For more details, check out:
- USCIS's Employment-Based Immigration: Third Preference 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 Executive Director of Pathway for Immigrant Workers, for their support in editing and classihub.in revising this resource and for using assessments to our neighborhood.
Immigrants Rising assists you make decisions based upon your capacity, not your viewed limitations. Visit our website so you can see what's possible: immigrantsrising.org. Released 3/2023.