What is PERM?
PERM, which stands for Program Electronic Review Management, and is also called "Labor Certification," is the first action of the most common green card classification used by employers to sponsor a worker for permanent house in the United States. Through this process, particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), also called Lawful Permanent Residence. There are a number of classifications of jobs qualified for employment-based migration according to EB3 or EB2 criteria. The Department of Labor supervises this process, which consists of "testing the labor market" to show that there are no U.S. workers who are able, prepared, qualified or available to fill the role.
Who can use?
Generally, any employer can sponsor any staff member for long-term home. This process is done for tasks ranging from dishwasher to medical professional. Most jobs need a PERM application, but there are some professions that do not, adremcareers.com consisting of nurses, physical therapists, people of "extraordinary capability," and those working in the "nationwide interest" (specifically those in STEM fields with Ph.D. s).
What are the eligibility requirements?
The position must be full time and "permanent" (which means lasting more than a year with no set end date). The employer should be actively associated with the petition process, sharing monetary details to prove ability to pay the government-approved wage, and paying all of the costs associated with the PERM application (without charging that refund to the staff member).
The length of time does it take & just how much does it cost?
Getting a permit through PERM is a multi-step process. It generally takes about 2-3 years, however can be a lot longer for individuals born in China or India. The overall cost will vary depending on whether you employ a personal lawyer or have the ability to secure free legal assistance, however the range is anywhere from $2,500 (which is kind costs, marketing and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a private lawyer for the entire process). The employer is required to pay for all fees connected to the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will provide to compensate the USCIS costs if the staff member remains a specific number of years.
What are the steps included?
1. First, you need to have a company ready to devote to employing you for a full-time, "irreversible" position and spend for needed lawyer costs and legal fees.
2. Next, after validating 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 qualified U.S. workers readily available for the task.
3. After the PERM application is certified, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, together with evidence that you, the staff member, are certified for the task, and evidence of the company's capability to pay the income.
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 qualified for in order to finish your green card (Permanent Residency) course. At that step, you (and somalibidders.com member of the family) will undergo a substantial background check including medical exam, security check, criminal background check, and visa history.
Where can I get help looking 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 find out more about this immigration visa?
- Curran, Berger & Kludt Immigration Law's Green Card Through PERM Roadmap
- Pathway for Immigrant Workers at myimmigrantpathway.org
For more details, visit:
- 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 developed by Denia Pérez, 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 m1bar.com their assistance in modifying and revising this resource and for offering consultations to our community.
Immigrants Rising assists you make choices based upon your potential, not your perceived limitations. Visit our website so you can see what's possible: immigrantsrising.org. Released 3/2023.
