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Getting a PERM; An Employment-based Green Card

What is PERM?

PERM, which means Program Electronic Review Management, and is likewise called “Labor Certification,” is the initial step of the most common permit category utilized by companies to sponsor an employee for permanent residence in the United States. Through this procedure, adremcareers.com particular foreign nationals (noncitizens/ immigrants) can get an employment-based immigrant visa (permit), also called Lawful Permanent Residence. There are numerous classifications of tasks eligible for employment-based migration according to EB3 or EB2 requirements. The Department of Labor oversees this process, that includes “testing the labor market” to reveal that there are no U.S. workers who are able, prepared, qualified or readily available to fill the function.

Who can apply?

Generally, any company can sponsor any staff member for long-term home. This process is done for jobs varying from dishwashing machine to doctor. Most tasks require a PERM application, somalibidders.com but there are some professions that don’t, consisting of nurses, physiotherapists, individuals of “exceptional 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 full-time and “irreversible” (which implies lasting more than a year with no set end date). The company should be actively associated with the petition process, sharing financial information to prove ability to pay the government-approved wage, and paying all of the expenses associated with the PERM application (without charging that cash back to the staff member).

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

Getting a green card through PERM is a multi-step procedure. It usually takes about 2-3 years, but can be much longer for individuals born in China or India. The total cost will vary depending on whether you hire a personal attorney or are able to secure free legal help, however the variety is anywhere from $2,500 (which is type charges, advertising and background/ evaluating checks) to $20,000 (including premium processing and paying a private attorney for the entire procedure). 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 flexible; some companies will provide to compensate the USCIS costs if the staff member stays a particular variety of years.

What are the steps included?

1. First, you need to have a company ready to commit to employing you for a full-time, “permanent” position and spend for needed attorney charges and legal fees.
2. Next, after confirming your eligibility, the lawyer will assist you submit a PERM application and test the labor market. Then, the U.S. Department of Labor (DOL) must certify there are no qualified U.S. workers offered for the task.
3. After the PERM application is licensed, the employer can send it to USCIS with Form I-140 Immigrant Visa Petition, together with evidence that you, the staff member, are qualified for the task, and evidence of the company’s capability to pay the income.
4. Once approved, you may be ready for either Consular Processing (departing the U.S. for your visa interview abroad) or an of Status (from inside the U.S.). A lawyer can inform you which course you are eligible for in order to finish your permit (Permanent Residency) course. At that step, you (and family members) will go through a considerable background check including medical test, security check, criminal background check, and visa history.

Where can I get assist making an application for referall.us 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 immigration visa?

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

For additional information, 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 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 support in modifying and revising this resource and for offering consultations to our community.

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

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