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Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, and is also called “Labor Certification,” is the very first step of the most classification utilized by companies to sponsor a staff member for irreversible residence in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), likewise called Lawful Permanent Residence. There are numerous classifications of tasks qualified for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor job manages this process, that includes “checking the labor market” to reveal that there are no U.S. workers who are able, prepared, competent or readily available to fill the role.

Who can use?

Generally, any company can sponsor any worker for irreversible residence. This process is provided for jobs ranging from dishwashing machine to doctor. Most jobs require a PERM application, however there are some professions that do not, including nurses, physiotherapists, people of “exceptional 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 “permanent” (which implies lasting more than a year without any set end date). The employer needs to be actively associated with the petition process, sharing financial details to show capability to pay the government-approved wage, and paying all of the expenses associated with the PERM application (without charging that cash back to the worker).

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

Getting a green card through PERM is a multi-step process. It normally takes about 2-3 years, however can be much longer for individuals born in China or India. The total expense will vary depending upon whether you employ a personal attorney or are able to secure free legal help, but the range is anywhere from $2,500 (which is form fees, advertising and background/ screening checks) to $20,000 (consisting of premium processing and paying a personal attorney for the whole process). The company is needed to pay for all costs connected to the Department of Labor part of the process. The rest for processing with USCIS is flexible; some employers will use to repay the USCIS expenses if the employee stays a certain variety of years.

What are the actions involved?

1. First, you require to have a company ready to dedicate to hiring you for a full-time, “irreversible” position and pay for job needed attorney charges and legal costs.
2. Next, after verifying 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 certify there are no competent U.S. workers available for job the job.
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 employee, are received the job, and evidence of the employer’s capability to pay the wage.
4. Once approved, you may be all set for either Consular Processing (departing the U.S. for your visa interview abroad) or a Modification of Status (from inside the U.S.). An attorney can tell you which course you are qualified for in order to finish your permit (Permanent Residency) path. At that step, you (and family members) will undergo a substantial background check consisting of medical exam, security check, criminal background check, and visa history.

Where can I get assist 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 Green Card Through PERM Roadmap
– Pathway for Immigrant Workers at myimmigrantpathway.org

To find out more, see:

– 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 Permit Application Process

This resource was produced by Denia Pérez, job Esq. and Marilia Zellner, Esq. with the modifying 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 job modifying this resource and for using consultations to our neighborhood.

Immigrants Rising helps you make decisions based upon your potential, not your perceived limitations. Visit our site so you can see what’s possible: immigrantsrising.org. Released 3/2023.