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Getting a PERM; An Employment-based Permit

What is PERM?

PERM, which means Program Electronic Review Management, and is likewise called “Labor Certification,” is the primary step of the most typical permit category utilized by employers to sponsor an employee for irreversible residence in the United States. Through this procedure, 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 migration according to EB3 or EB2 requirements. The Department of Labor supervises this procedure, which includes “testing the labor market” to show that there are no U.S. workers who are able, ready, competent or offered to fill the .

Who can apply?

Generally, any employer can sponsor any staff member for permanent home. This process is done for jobs varying from dishwasher to doctor. Most jobs require a PERM application, but there are some occupations that don’t, including nurses, physical therapists, individuals of “exceptional ability,” and those operating in the “national interest” (particularly those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full time and “long-term” (which indicates lasting more than a year with no fixed end date). The company must be actively included in the petition process, sharing financial information to show ability to pay the government-approved wage, and paying all of the costs involved in the PERM application (without charging that cash back to the staff member).

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

Getting a permit through PERM is a multi-step process. It typically takes about 2-3 years, employment however can be a lot longer for individuals born in China or India. The overall cost will differ depending upon whether you hire a personal lawyer or have the ability to secure free legal help, employment but the range is anywhere from $2,500 (which is kind charges, marketing and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a private attorney for the whole process). The company is needed 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 offer to reimburse the USCIS expenses if the worker remains a specific number of years.

What are the steps involved?

1. First, you need to have a company ready to devote to employing you for a full-time, “irreversible” position and pay for required attorney fees and legal costs.
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) should license there are no competent U.S. workers offered for the job.
3. After the PERM application is licensed, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, along with proof that you, employment the employee, are received the task, and evidence of the company’s ability to pay the salary.
4. Once approved, you might be ready 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 inform you which course 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, employment security check, criminal background check, employment and visa history.

Where can I get help making an application for employment 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 learn more about this immigration visa?

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

For more details, 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 Permit Application Process

This resource was produced by Denia Pérez, Esq. and Marilia Zellner, Esq. with the editing support 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 modifying and revising this resource and for providing consultations to our neighborhood.

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