PERM, I-140, and Your Professional Future
This is the path for foreign professionals to obtain a green card (lawful permanent residence) through their job skills. This is typically a multi-step process sponsored by a U.S. employer.
Common Categories (Snapshot)
- EB-1 (First Preference): Priority Workers. This is for individuals with “extraordinary ability” (e.g., in arts, science, business), Outstanding Professors/Researchers, or Multinational Managers/Executives.
- EB-2 (Second Preference): Professionals with Advanced Degrees (Master’s or higher) or “exceptional ability”.
- EB-3 (Third Preference): Skilled Workers (jobs requiring 2+ years of experience), Professionals (Bachelor’s degree), and Other Workers.
Step-by-Step Process (Typical EB-2 / EB-3)
- PERM Labor Certification: The employer (sponsor) must first test the U.S. labor market to prove there are no qualified, willing, and available U.S. workers for the position. This is filed with the Department of Labor (DOL).
- Form I-140 (Immigrant Petition): After PERM is certified, the employer files Form I-140 with USCIS to prove the job is real, you are qualified, and they have the “ability to pay” your wage.
- Priority Date: The date the PERM is filed becomes your “place in line.” You must wait for this date to be “current” on the monthly Visa Bulletin.
- Form I-485 (Adjustment of Status): When your priority date is current, you (and your family) can file the final application for your green card.
Real-world timing: This is the longest process. As of 2025, PERM processing at the DOL is 12–18 months. I-140s can be premium processed, but the I-485 wait is another 12–24 months after the priority date is current.
2024-25 Policy Updates
- DOL “Future-Ready” PERM Rule (May 2025): The DOL’s new rule for PERM recruitment now requires employers to use different types of online job postings, invalidating some old recruitment methods.
- Fee Hikes for Employers: The “Big, Beautiful Bill Act” significantly increased fees for employers, including the I-140 filing fee, effective July 2025.
Evidence Checklist (for the I-140)
- The approved PERM Labor Certification
- Your educational documents (degree, transcripts, credential evaluation)
- Experience Letters from all former employers to prove you meet the PERM requirements
- The employer’s financial documents (tax returns, annual reports) to prove the ability to pay
Risks & Practical Tips
- PERM Audits: The DOL randomly audits many PERM cases, adding 6-9 months of delay. Meticulous, perfect record-keeping by the employer is the only defense.
- Priority Date Retrogression: The “line” (Visa Bulletin) can move backward, forcing you to wait even longer to file your I-485.
- Job Portability (AC21): If you are on an H-1B and your I-140 is approved, you may be able to extend your H-1B beyond six years. If your I-485 has been pending for 180+ days, you may be able to change jobs to a “same or similar” position.
Next Steps
This is a complex, employer-driven process. We act as the coordinator between you and your employer’s HR department to ensure every legal and recruitment deadline is met perfectly.
Last updated October 2025. Regulations and fees change frequently—contact us for a personalized assessment.
This information is for educational purposes only and does not constitute legal advice.