Getting a PERM; An Employment-based Green Card
What is PERM?
PERM, which stands for Program Electronic Review Management, and is likewise understood as “Labor Certification,” is the very first action of the most typical permit category utilized by companies to sponsor a worker for permanent residence in the United States. Through this process, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), likewise called Lawful Permanent Residence. There are several categories of jobs eligible for employment-based immigration according to EB3 or EB2 requirements. The Department of Labor oversees this procedure, which includes “evaluating the labor market” to reveal that there are no U.S. employees who are able, willing, competent or available to fill the function.
Who can use?
Generally, any employer can sponsor any worker for permanent residence. This procedure is done for jobs varying from dishwashing machine to physician. Most jobs require a PERM application, however there are some occupations that don’t, including nurses, physical therapists, individuals of “exceptional capability,” and those working in the “nationwide interest” (particularly those in STEM fields with Ph.D. s).
What are the eligibility requirements?
The position should be complete time and “permanent” (which suggests lasting more than a year without any fixed end date). The employer needs to be actively involved in the petition procedure, sharing financial details to show capability to pay the government-approved wage, and paying all of the costs associated with 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 permit through PERM is a multi-step process. It normally takes about 2-3 years, but can be a lot longer for individuals born in China or India. The total cost will vary depending on whether you employ a private attorney or are able to secure free legal help, however the variety is anywhere from $2,500 (which is form fees, marketing and background/ screening checks) to $20,000 (including premium processing and paying a personal lawyer for the whole procedure). The company is required to pay for all costs associated with the Department of Labor part of the procedure. The rest for processing with USCIS is flexible; some companies will provide to compensate the USCIS costs if the employee remains a particular variety of years.
What are the actions included?
1. First, you need to have a company ready to commit to hiring you for a full-time, “irreversible” position and spend for required lawyer costs and legal fees.
2. Next, after verifying your eligibility, the attorney will help you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must certify there are no certified U.S. employees available for the job.
3. After the PERM application is certified, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, in addition to evidence that you, the employee, are certified for the job, and evidence of the employer’s ability to pay the income.
4. Once approved, you may be all set for either Consular Processing (departing the U.S. for your visa interview abroad) or somalibidders.com a Modification of Status (from inside the U.S.). A lawyer can inform you which path you are eligible for in order to finish your green card (Permanent Residency) path. At that action, you (and relative) will go through a considerable background check consisting of medical examination, security check, criminal background check, adremcareers.com and visa history.
Where can I get assist making an application for one?
– American Immigration Lawyers Association: ailalawyer.com
– Curran, Berger & 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, Berger & Kludt Immigration Law’s Green Card Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org
For additional information, visit:
– 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 support 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 referall.us Executive Director of Pathway for Immigrant Workers, for their assistance in modifying and revising this resource and for providing consultations to our neighborhood.
Immigrants Rising assists you make choices based upon your capacity, not your viewed limitations. Visit our website so you can see what’s possible: immigrantsrising.org. Released 3/2023.
