What is PERM?

PERM, which stands for Program Electronic Review Management, and is also referred to as "Labor Certification," is the primary step of the most typical permit classification utilized by employers to sponsor a worker for long-term home 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 several categories of jobs qualified for employment-based migration according to EB3 or EB2 requirements. The Department of Labor supervises this procedure, which consists of "evaluating the labor market" to reveal that there are no U.S. workers who are able, prepared, competent or available to fill the role.

Who can use?

Generally, any employer can sponsor any worker for permanent house. This process is done for employment tasks ranging from dishwashing machine to doctor. Most tasks need a PERM application, but there are some occupations that do not, consisting of nurses, physiotherapists, employment individuals of "exceptional capability," and those working in the "nationwide interest" (especially those in STEM fields with Ph.D. s).

What are the eligibility requirements?

The position needs to be full-time and "long-term" (which implies lasting more than a year with no fixed end date). The employer needs to be actively associated with the petition process, employment sharing financial info to show ability to pay the government-approved wage, and paying all of the costs included in the PERM application (without charging that money back 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, but can be a lot longer for individuals born in China or India. The overall cost will vary depending on whether you work with a private lawyer or are able to secure free legal support, however the variety is anywhere from $2,500 (which is kind costs, advertising and background/ evaluating checks) to $20,000 (consisting of premium processing and paying a private attorney for the whole process). The employer is needed to spend for all fees associated with the Department of Labor part of the procedure. The rest for processing with USCIS is negotiable; some employers will use to reimburse the USCIS costs if the employee remains a certain number of years.

What are the actions included?

1. First, you need to have an employer ready to commit to hiring you for a full-time, "irreversible" position and pay for needed lawyer charges and legal fees. 2. Next, after verifying your eligibility, the lawyer will assist you file a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) need to license there are no certified U.S. workers readily available for the task. 3. After the PERM application is licensed, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, in addition to evidence that you, the employee, are received the task, employment and proof of the company's capability to pay the income. 4. Once approved, you might be ready for either Consular Processing (leaving the U.S. for your visa interview abroad) or a Change of Status (from inside the U.S.). A lawyer can tell you which course you are eligible for in order to finish your permit (Permanent Residency) course. At that step, you (and member of the family) will undergo a substantial 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 discover more about this migration visa?
  
  - Curran, Berger & Kludt Immigration Law's Green Card Through PERM Roadmap
• Pathway for Immigrant Workers at myimmigrantpathway.org
  
  For more details, see:
  
  - 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 produced by Denia Pérez, Esq. and Marilia Zellner, Esq. with the modifying support 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 employment Executive Director of Pathway for Immigrant Workers, for employment their assistance in editing and this resource and for using consultations to our neighborhood.
  
  Immigrants Rising helps you make decisions based upon your capacity, not your perceived limitations. Visit our website so you can see what's possible: immigrantsrising.org. Released 3/2023.