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After the U.S. Department of Labor approves a PERM labor certification, the employer generally files Form I-140, Immigrant Petition for Alien Workers, with U.S. Citizenship and Immigration Services. The worker may later apply for a green card through adjustment of status in the United States or consular processing abroad, but only when eligible and when an immigrant visa is available.
PERM approval confirms that the employer completed the required labor certification process for a specific permanent job opportunity. It does not itself grant an immigration status or green card. In most employer-sponsored EB-2 and EB-3 cases that require labor certification, the next step is filing the I-140 petition.
The employer must file the certified application within its validity period. USCIS states that a labor certification expires 180 days after certification and must accompany the I-140 before it expires. Check the Department of Labor’s PERM program information and current USCIS Form I-140 instructions before filing because procedures and addresses can change.
The I-140 asks USCIS to classify the worker in the requested employment-based category. The petition typically includes the certified PERM application, evidence that the job offer and requirements match the certification, and proof that the worker met the stated qualifications by the required date. USCIS, rather than DOL, determines whether the beneficiary qualifies for the immigrant classification.
For a job-offer case, the employer generally must show it can pay the offered wage from the priority date until the worker becomes a permanent resident. Evidence may include tax returns, annual reports, audited financial statements, or other records allowed by the rules. USCIS may issue a request for evidence or notice of intent to deny if it needs more information. A request does not automatically mean the case will be denied, but the response must address the specific issue by the deadline.
The worker and employer should compare the job described in the labor certification with the petition and supporting documents. Changes to the duties, work location, employer, or minimum requirements can raise questions. Do not assume that a PERM approval guarantees I-140 approval.
For a PERM-based case, the priority date is generally the date DOL accepted the labor certification application for processing. That date helps determine a worker’s place in line for an immigrant visa. The priority date is not the date PERM was approved or the date the I-140 was filed.
Visa availability depends on the employment category and the worker’s country of chargeability, usually based on place of birth. The Department of State publishes a monthly Visa Bulletin with cutoff dates. A date can move forward, remain unchanged, or retrogress, so a date that is current one month may not remain current later.
The employer should gather the certified labor application, corporate and financial records, evidence supporting its ability to pay, and records confirming the offered job remains available. The appropriate evidence depends on the employer’s structure, financial history, and the particular filing.
The worker may need diplomas, transcripts, evaluations of foreign credentials, licenses, training records, or letters verifying prior work experience. These documents should show the qualifications required by the certified job. USCIS reviews whether the worker met those minimum requirements as of the relevant filing date.
A visa number must generally be available before the worker can take the final step to become a permanent resident. USCIS designates which Visa Bulletin chart applicants in the United States must use for each month. Check the USCIS adjustment of status filing charts and the Department of State bulletin for the exact month, category, and country.
A worker in the United States may file Form I-485, Application to Register Permanent Residence or Adjust Status, when eligible and when a visa is available under the applicable chart and category. Other requirements also apply, including admissibility and compliance with any category-specific rules. A person abroad generally completes consular processing instead.
An approved I-140 does not, by itself, grant lawful status, work authorization, or permission to remain in the United States. Those questions depend on the person’s current immigration history and any separate pending applications or status. Review the USCIS employment-based green card overview for the agency’s general process.
In some circumstances, a person may file Form I-140 and Form I-485 at the same time, or file the I-485 while the I-140 is pending, if a visa is immediately available and the filing rules permit it. This is called concurrent filing. It is not available in every case and depends on the category, priority date, USCIS chart selection, and filing details.
Because visa availability can change, confirm the current month’s USCIS chart before sending an application. The USCIS visa availability and priority date guidance explains how the agency uses the bulletin.
The PERM application is tied to a particular employer, job opportunity, and work location. A significant change before the I-140 is filed can require careful legal review and may mean that a new labor certification is needed. If a worker changes employers after an I-140 has been approved and an I-485 has been pending for at least 180 days, a portability rule may allow the person to move to a same or similar job, if statutory requirements are met. That rule does not automatically transfer the original PERM to a new employer.
Do not resign or change roles based only on a general summary. The timing of the I-140 and I-485, petition status, job duties, and immigration history can all matter. Keep copies of approval notices, receipts, job descriptions, and filings.
At Zenith Law Firm, we help employers and workers understand employment-based immigration steps, including PERM labor certification and the transition from PERM to an I-140 and green card process. We can review the job requirements, supporting records, priority date, and available filing options based on the individual case.
To discuss your situation, contact us at (202) 679-8679 or visit our immigration practice. Learn about our practice areas, areas we serve. You can also visit Zenith Law Firm.
The employer generally files Form I-140 before the labor certification expires. After that, the worker may pursue adjustment of status or consular processing when eligible and when an immigrant visa is available.
The certified labor application, job description, employer financial records, and proof of the worker’s education, training, or experience are often central. The exact evidence depends on the category and petition.
Get advice before the PERM expires, before changing employers or job duties, and before filing an I-485. A professional can review current visa availability and case-specific eligibility.
