What is PERM?
PERM, which means Program Electronic Review Management, and is also called "Labor Certification," is the primary step of the most typical green card classification used by to sponsor a worker for irreversible house in the United States. Through this procedure, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), also called Lawful Permanent Residence. There are several classifications of jobs qualified for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor manages this procedure, which includes "checking the labor market" to show that there are no U.S. workers who are able, ready, competent or available to fill the role.
Who can use?
Generally, any employer can sponsor any worker for irreversible home. This process is done for tasks ranging from dishwashing machine to doctor. Most tasks require a PERM application, but there are some professions that don't, consisting of nurses, physiotherapists, people of "extraordinary ability," and those operating in the "national interest" (especially those in STEM fields with Ph.D. s).
What are the eligibility requirements?
The position should be full time and "long-term" (which indicates lasting more than a year with no fixed end date). The employer should be actively included in the petition process, sharing financial details to show ability to pay the government-approved wage, and paying all of the costs included in 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 permit through PERM is a multi-step procedure. It generally takes about 2-3 years, job but can be much longer for people born in China or India. The overall cost will differ depending on whether you employ a private lawyer or are able to get complimentary legal support, however the range is anywhere from $2,500 (which is form costs, marketing and background/ screening checks) to $20,000 (including premium processing and paying a private attorney for the entire process). The company is required to pay for job all fees related to the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will offer to repay the USCIS expenses if the worker stays a specific number of years.
What are the steps involved?
1. First, you need to have a company ready to commit to hiring you for a full-time, "long-term" position and pay for needed attorney costs and job legal fees.
2. Next, after validating your eligibility, the attorney will assist you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) need to license there are no certified 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, in addition to evidence that you, the worker, are certified for the task, and evidence of the employer's ability to pay the wage.
4. Once approved, you might 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 course you are eligible for in order to finish your permit (Permanent Residency) path. At that action, you (and relative) will undergo a considerable background check consisting of medical examination, security check, criminal background check, and job visa history.
Where can I get help getting 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 additional information, 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 Permit Application Process
This resource was created by Denia Pérez, Esq. and job Marilia Zellner, Esq. with the modifying assistance 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 modifying this resource and for providing assessments to our neighborhood.
Immigrants Rising assists you make decisions based upon your potential, not your perceived limitations. Visit our website so you can see what's possible: immigrantsrising.org. Released 3/2023.
