Once the Department of Labor certifies your PERM, the employer has 180 calendar days to file Form I-140 with U.S. Citizenship and Immigration Services. That is the core I-140 requirement after PERM approval: file inside the window, using the certified ETA Form 9089, with evidence that the employer can pay the offered wage and that the worker met every job requirement as of the PERM filing date. Miss the deadline and the certification is void; the recruitment and PERM process starts over.
The 180-Day Filing Window
An approved labor certification expires if the employer does not file a supporting I-140 within 180 calendar days of the approval date.1eCFR. 20 CFR 656.30 – Validity of and Invalidation of Labor Certifications There are no extensions, no pauses, and no hardship exceptions. Holidays, government shutdowns, and USCIS backlogs do not stop the clock. The expiration date is printed on the certified documents, so calendar it the day approval comes through.
If the certification lapses, the employer must run the recruitment process again, file a new PERM, and wait through another round of Department of Labor processing. That easily adds a year or more.
The certification is locked to a specific job, a specific worker, and the area of employment on the application. Substituting a different worker has been prohibited since July 16, 2007.2eCFR. 20 CFR 656.30 – Validity of and Invalidation of Labor Certifications Sponsoring someone else for the same role requires a brand-new PERM.
Documents the I-140 Petition Needs
The I-140 pulls together evidence from both sides of the sponsorship. Assembling it before the 180-day clock runs down is where cases most often stall.
The Certified ETA Form 9089
The approved ETA Form 9089 anchors the entire petition. Every detail on the I-140 must match the certification: job title, education requirements, experience requirements, wage, and worksite. Small discrepancies can trigger a denial. Employers must retain the certified form and all recruitment documentation for five years from the filing date.
Proof the Employer Can Pay the Offered Wage
The employer must show it has been able to pay the wage listed on the labor certification continuously from the priority date until the worker receives a green card. USCIS accepts three types of initial evidence: federal income tax returns, audited financial statements prepared by a CPA, or annual reports.3U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 6 Part E Chapter 4 – Ability to Pay Reviewers look at whether net income or net current assets cover the offered salary.
Companies with 100 or more workers have a simpler option: a statement from a financial officer confirming ability to pay.3U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 6 Part E Chapter 4 – Ability to Pay Smaller employers, startups, and businesses that reinvest heavily should expect closer scrutiny. Having bank statements, payroll records, and profit-and-loss statements ready helps if USCIS issues a request for evidence.
Proof the Worker’s Qualifications Match
The worker must show they met every qualification on the labor certification as of the date the PERM was filed, not the approval date. That usually means diplomas, official transcripts, and detailed experience letters from prior employers. Experience letters should sit on company letterhead, state exact dates of employment, and describe duties in enough detail for USCIS to map them against the requirements on the ETA Form 9089. Letters that only confirm someone worked at a company are not enough.
Filing Fees and Premium Processing
The employer pays the fees. The petition requires a base filing fee to USCIS plus an Asylum Program Fee that varies by size: nonprofit and government research organizations owe nothing, employers with 25 or fewer full-time employees pay $300, and all other employers pay $600.4U.S. Citizenship and Immigration Services. Guidance on Paying Fees and Completing Information for Form I-140 Check the USCIS fee schedule for the current base filing fee; the amount is adjusted periodically.
Premium processing is available by filing Form I-907 with the I-140. As of March 1, 2026, the premium processing fee is $2,965.5Federal Register. Adjustment to Premium Processing Fees For most PERM-based categories, including EB-2 advanced degree and EB-3 skilled workers, premium processing guarantees USCIS action within 15 business days. Petitions for multinational executives and managers (EB-1C) get 45 business days instead.6U.S. Citizenship and Immigration Services. How Do I Request Premium Processing? “Action” means approval, denial, or a request for evidence, not necessarily a final approval.
Standard processing without the premium fee fluctuates and can run several months or longer. Attorney fees for the PERM and I-140 stages typically range from roughly $3,500 to $8,000, separate from government fees.
Filing the Petition and the Receipt Notice
The completed I-140 package goes to the USCIS service center designated for the employer’s location. Tracked delivery is standard; a lost package against a running 180-day deadline is avoidable.
After USCIS receives the package, it issues a receipt notice on Form I-797C.7U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action The notice carries a unique receipt number for online status checks and confirms the date USCIS accepted the filing. Keep it. The I-797C is a receipt only; it does not indicate whether the petition will be approved.
How the I-140 Affects H-1B Status
H-1B status normally caps at six years. Under the American Competitiveness in the Twenty-First Century Act, a worker whose PERM was filed at least 365 days before hitting that six-year limit can extend the H-1B in one-year increments while the green card process continues.8U.S. Citizenship and Immigration Services. AC21 Guidance Memorandum The extensions renew until a final decision issues on the labor certification, the I-140, or the green card application.
A worker with an approved I-140 who is stuck in a visa backlog gets three-year H-1B extensions, renewable as long as the priority date remains backlogged.9U.S. Citizenship and Immigration Services. FAQs for Individuals in H-1B Nonimmigrant Status The employer files a new Form I-129 before the current H-1B expires and shows through the Visa Bulletin that a visa number is not yet available.
Priority Date and Concurrent I-485 Filing
The priority date is the date the Department of Labor originally received the PERM application. It is your place in line, and it carries through every later stage. The Department of State publishes a monthly Visa Bulletin with cutoff dates for each employment-based category.10U.S. Citizenship and Immigration Services. Adjustment of Status Filing Charts from the Visa Bulletin Federal law caps employment-based immigrant visas annually and limits any single country to no more than 7% of the total,11Office of the Law Revision Counsel. 8 USC 1152 – Numerical Limitations on Individual Foreign States which produces long backlogs for applicants born in India and China.
If your priority date is already current when the I-140 is filed, you may file Form I-485 (Application to Adjust Status) at the same time. USCIS calls this concurrent filing, and it is available to most employment-based applicants who are physically present in the United States with a visa number immediately available.12U.S. Citizenship and Immigration Services. Concurrent Filing of Form I-485 Each month, USCIS announces whether applicants should use the Final Action Dates chart or the more generous Dates for Filing chart to determine eligibility.
Once the I-485 is accepted, the applicant can apply for an Employment Authorization Document and Advance Parole, gaining work authorization independent of the sponsoring employer and the ability to travel. Spouses and unmarried children under 21 can file their own I-485 applications as derivatives. Applicants whose priority dates are not current must wait for I-140 approval, then monitor the Visa Bulletin, then file the I-485 separately when their date becomes current.
Changing Jobs After Filing
Federal law lets a worker change employers once the I-485 has been pending for at least 180 days, so long as the new job falls within the same or a similar occupational classification as the position on the original petition.13Office of the Law Revision Counsel. 8 USC 1154 – Procedure for Granting Immigrant Status USCIS compares job duties, occupational classification codes, and wages. A software engineer moving to a senior software engineer role at a new company likely qualifies; a software engineer becoming a restaurant manager does not. Switching employers before that 180-day mark can jeopardize the case.
If the Employer Is Acquired or Merges
Corporate changes do not automatically destroy a PERM approval or a pending I-140. A new entity can step in as a successor in interest if the job stays the same as certified, the successor can show continuous ability to pay the offered wage, and the transfer of ownership is properly documented. The main risk is a gap in operations. If the original employer shuts down before the successor takes over, USCIS may require a new labor certification.
Denials, Revocation, and Appeals
A PERM approval does not guarantee an I-140 approval. USCIS independently reviews whether the worker’s qualifications match the certified job requirements, whether the employer can pay the offered wage, and whether the petition was filed correctly. Common denial reasons include weak ability-to-pay evidence, credential mismatches, and errors on the petition itself.
Even after approval, a PERM certification or I-140 can be revoked if USCIS or the Department of State discovers fraud or willful misrepresentation of a material fact.2eCFR. 20 CFR 656.30 – Validity of and Invalidation of Labor Certifications Misrepresentation does not require intent to deceive; a false statement that influenced the outcome is enough to trigger inadmissibility consequences for the worker.14U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 8 Part J Chapter 2 – Overview of Fraud and Willful Misrepresentation
If the I-140 is denied, the employer can appeal to the USCIS Administrative Appeals Office by filing Form I-290B within 30 calendar days of receiving the denial in person, or 33 calendar days if the decision was mailed.15U.S. Citizenship and Immigration Services. AAO Practice Manual Chapter 3 – Appeals The employer, not the worker, is generally the party with standing to file, which matters if the working relationship is strained after a denial.