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Getting a PERM; An Employment-based Green Card
What is PERM?
PERM, which stands for Program Electronic Review Management, and is also known as “Labor Certification,” is the first step of the most typical permit classification used 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 (permit), also called Lawful Permanent Residence. There are a number of categories of tasks qualified for employment-based immigration according to EB3 or EB2 criteria. The Department of Labor manages this procedure, which consists of “evaluating the labor market” to show that there are no U.S. employees who are able, prepared, qualified or available to fill the function.
Who can use?
Generally, any employer can sponsor any worker for long-term house. This procedure is provided for jobs varying from dishwashing machine to physician. Most tasks require a PERM application, however there are some occupations that don’t, consisting of nurses, physical therapists, individuals of “extraordinary capability,” and those working in the “national interest” (especially those in STEM fields with Ph.D. s).
What are the eligibility requirements?
The position needs to be complete time and “irreversible” (which suggests lasting more than a year with no set end date). The company needs to be actively involved in the petition procedure, sharing monetary details to prove ability to pay the government-approved wage, and paying all of the expenses associated with the PERM application (without charging that refund to the employee).
How long does it take & 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 much longer for people born in China or India. The total cost will differ depending on whether you hire a private lawyer or have the ability to secure free legal help, however the range is anywhere from $2,500 (which is form costs, advertising and background/ screening checks) to $20,000 (consisting of premium processing and employment paying a private lawyer for the whole process). The company is needed to pay for all fees associated with the Department of Labor part of the process. The rest for processing with USCIS is negotiable; some companies will offer to repay the if the worker remains a certain variety of years.
What are the steps involved?
1. First, you need to have an employer happy to dedicate to hiring you for a full-time, “long-term” position and pay for required lawyer costs and legal fees.
2. Next, after confirming your eligibility, the lawyer will help you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) need to accredit there are no certified U.S. workers 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, together with proof that you, employment the employee, are received the job, and proof of the employer’s capability to pay the wage.
4. Once authorized, you might be all set 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 path you are eligible for in order to finish your permit (Permanent Residency) path. At that step, you (and household members) will undergo a significant background check consisting of medical examination, security check, criminal background check, and visa history.
Where can I get assist looking for one?
– American Immigration Lawyers Association: ailalawyer.com
– Curran, Berger & Kludt Immigration Law: cbkimmigration.com
– Pathway for Immigrant Workers: employment 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 find out more, check out:
– 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 Green Card Application Process
This resource was created 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 their support in editing and modifying this resource and for using assessments to our community.
Immigrants Rising assists you make choices based on your potential, not your viewed limits. Visit our site so you can see what’s possible: immigrantsrising.org. Released 3/2023.
