THE NEXT STAGE AFTER PERM APPROVAL
The employer asks USCIS to confirm that the job, company, and worker qualify for employment-based immigration.
After PERM approval, DOL has certified the permanent labor application for the position. The employer must then file Form I-140 on time for USCIS to review employment-based immigrant eligibility.
FILING PROCESS
Review the job, worksite, wage, and worker qualifications, and track the PERM’s 180-day validity period after certification.
The employer files Form I-140 and supporting evidence with USCIS and chooses regular processing or, when eligible, Premium Processing.
USCIS may approve the petition, issue a Request for Evidence (RFE), issue a notice of intent to deny, or deny the case.
After I-140 approval, use the Priority Date and Visa Bulletin to determine when Form I-485 may be filed or approved.
WHAT USCIS REVIEWS
USCIS checks whether the PERM job and its minimum requirements support the requested EB-2 or EB-3 classification.
The beneficiary generally must have met the education, training, and experience requirements listed on the PERM as of the Priority Date.
The employer must show the ability to pay the wage offered on the PERM from the Priority Date onward.
DOL certification of the PERM does not guarantee I-140 approval because the two agencies review different issues.
PROCESSING OPTIONS
| Comparison | Regular Processing | Premium Processing |
|---|---|---|
| Form | Form I-140 | Form I-140 + Form I-907 |
| Time | EB-2About 2.5 monthsEB-3About 4 months | About 15 business days |
| Additional expedited fee | $0 | $2,965 |
Premium Processing speeds up USCIS action on Form I-140; it does not move the Visa Bulletin forward.
JOB CHANGES
WHILE PERM IS PENDING
Compare the new role with the position in the PERM case. The job title alone does not decide the outcome.
Software Engineer → Senior Software Engineer
Software Engineer → Engineering Manager
AFTER I-140 APPROVAL
If I-485 portability is not yet available, the new employer generally files a new PERM and I-140. The original Priority Date can usually be retained.
The PERM process may need to restart, but the place in line often does not.
Priority Date retention still depends on whether the earlier I-140 was revoked for reasons such as fraud, material error, or labor certification invalidation. Confirm with counsel before changing jobs.
I-485 FILED AND PENDING FOR 180+ DAYS
After Form I-485 has been filed and pending for at least 180 days, a job change may be possible under AC21 if the new job is in a same or similar position. This generally requires Supplement J.
USCIS considers:
COMMON QUESTIONS
No. I-140 approval confirms the immigrant worker petition and EB classification. The beneficiary must still complete adjustment of status or consular processing, and a visa number must be available.
No. It only shortens the time for USCIS to take action. It does not change the eligibility or evidence requirements and does not guarantee approval.
Not always. If a visa number is available, USCIS permits filing, and all other requirements are met, some applicants may file Forms I-140 and I-485 concurrently.
No. An RFE asks for additional evidence. The employer and attorney must respond to the specific request by the deadline.