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AndreaG88

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What is PERM?

PERM, which stands for Program Electronic Review Management, and is likewise called "Labor Certification," is the primary step of the most common green card classification used by employers to sponsor a worker for permanent residence in the United States. Through this procedure, certain foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), also called Lawful Permanent Residence. There are a number of classifications of jobs eligible for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor oversees this process, that includes "testing 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 apply?

Generally, any company can sponsor any worker for irreversible residence. This process is done for jobs varying from dishwashing machine to doctor. Most tasks need a PERM application, but there are some occupations that don't, including nurses, physiotherapists, people of "extraordinary ability," and those operating in the "nationwide interest" (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position should be full-time and "irreversible" (which suggests lasting more than a year without any fixed end date). The employer must be actively included in the petition procedure, sharing financial information to prove capability to pay the government-approved wage, and paying all of the expenses included in the PERM application (without charging that refund to the worker).

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

Getting a permit through PERM is a multi-step procedure. It normally takes about 2-3 years, however can be much longer for people born in China or India. The total expense will vary depending on whether you employ a personal lawyer or are able to secure free legal support, but the variety is anywhere from $2,500 (which is form costs, advertising and background/ screening checks) to $20,000 (including premium processing and paying a personal attorney 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 negotiable; some employers will offer to compensate the USCIS costs if the worker stays a certain variety of years.

What are the steps involved?

1. First, you need to have an employer ready to commit to employing you for a full-time, "long-term" position and pay for needed attorney charges and legal costs.
2. Next, after confirming your eligibility, the attorney will assist 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. workers offered for the task.
3. After the PERM application is licensed, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, along with evidence that you, the staff member, are received the job, and evidence of the employer's capability to pay the income.
4. Once approved, you may be ready for either Consular Processing (leaving the U.S. for your visa interview abroad) or a Modification of Status (from inside the U.S.). A lawyer can tell you which path you are qualified for in order to finish your permit (Permanent Residency) path. At that action, you (and relative) will go through a significant background check consisting of medical examination, security check, criminal background check, and visa history.

Where can I get assist requesting 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 immigration visa?

- Curran, Berger & Kludt Immigration Law's Permit Through PERM Roadmap
- Pathway for Immigrant Workers at myimmigrantpathway.org

To learn more, 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 developed by Denia Pérez, Esq. and Marilia Zellner, Esq. with the modifying support from Jesús Flores Rodríguez and Claire Calderon.

We wish to thank Dan Berger, partner at Curran, job 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 offering assessments to our neighborhood.

Immigrants Rising helps you make decisions based on your capacity, not your viewed limits. Visit our site so you can see what's possible: immigrantsrising.org. Released 3/2023.

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