What is PERM?

PERM, which stands for Program Electronic Review Management, and is likewise understood as "Labor Certification," is the first step of the most common permit category used by employers to sponsor a worker for permanent home in the United States. Through this procedure, specific foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (green card), likewise called Lawful Permanent Residence. There are several categories of tasks eligible for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor manages this procedure, that includes "evaluating the labor market" to reveal that there are no U.S. workers who are able, willing, certified or offered to fill the function.

Who can use?

Generally, any employer can sponsor any worker for permanent residence. This process is provided for jobs ranging from dishwasher to physician. Most jobs require a PERM application, however there are some professions that do not, consisting of nurses, physical therapists, individuals of "remarkable 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 implies lasting more than a year with no fixed end date). The company needs to be actively associated with the petition procedure, sharing financial details to prove ability to pay the government-approved wage, and paying all of the costs included in the PERM application (without charging that refund to the worker).

The length of time does it take & just how much does it cost?

Getting a permit through PERM is a multi-step process. It usually takes about 2-3 years, however can be a lot longer for individuals born in China or India. The total cost will differ depending upon whether you hire a private attorney or have the ability to get free legal help, but the variety is anywhere from $2,500 (which is type fees, advertising and background/ screening checks) to $20,000 (consisting of premium processing and paying a private attorney for the entire process). The employer is required to spend for all fees associated with the Department of Labor part of the process. The rest for processing with USCIS is negotiable; some companies will provide to repay the USCIS costs if the staff member stays a certain number of years.

What are the steps involved?

1. First, you need to have an employer willing to commit to hiring you for a full-time, "permanent" position and spend for needed attorney charges and legal charges.
2. Next, after confirming your eligibility, the lawyer will help you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) should accredit there are no certified U.S. employees offered for the job.
3. After the PERM application is certified, the company can send it to USCIS with Form I-140 Immigrant Visa Petition, job in addition to proof that you, the staff member, are gotten approved for the task, and evidence of the employer's capability to pay the wage.
4. Once authorized, you might be ready for either Consular Processing (departing the U.S. for your visa interview abroad) or a Change of Status (from inside the U.S.). A lawyer can inform you which course you are qualified for in order to complete your green card (Permanent Residency) path. At that step, you (and relative) will go through a considerable background check including medical examination, security check, criminal background check, and visa history.

Where can I get assist 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 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

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 Green Card Application Process

This resource was developed by Denia Pérez, Esq. and Marilia Zellner, Esq. with the editing 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 assistance in modifying and revising this resource and for providing assessments 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: job immigrantsrising.org. Released 3/2023.