What Happens After PERM Approval? The Next Steps in the Employment-Based Green Card Process
- Tanya Powers
- 3 minutes ago
- 5 min read
Getting a PERM labor certification approved is an important milestone in the employment-based green card process. But PERM approval does not mean that the employee has a green card—or even that the green card application has been filed yet.
If your employer recently received a PERM approval, you may be wondering what happens next, how long the remaining process takes, and when you can actually apply for permanent residence.
The answer depends on several factors, including your employment-based category, your priority date, your country of birth, and whether you will apply for your green card from inside or outside the United States.
What Happens After PERM Approval?
After PERM approval, the next major step is generally for the employer to file an I-140 Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS).
The I-140 petition is different from the PERM application. During the PERM process, the Department of Labor focuses primarily on the offered position, the employer’s recruitment efforts, and whether there are qualified U.S. workers available for the position.
With the I-140 petition, USCIS considers additional issues, including whether the employee meets the requirements for the position and whether the employer has the financial ability to pay the required wage.
There Is a Deadline to File the I-140
An approved PERM labor certification is not valid indefinitely. In most cases, the employer must file the I-140 petition with USCIS within 180 days of the PERM approval.
Because of this deadline, employers and employees should begin preparing for the I-140 filing promptly after receiving the PERM approval rather than waiting until the end of the 180-day period.
What Documents Are Needed for the I-140?
The documents required will depend on the position and the specific immigration category, but the employer will generally need to provide evidence showing its ability to pay the offered wage. This may include federal tax returns, annual reports, or audited financial statements.
The employee will also need evidence showing that they met the education, experience, training, or other requirements listed on the PERM application before the employer filed the PERM application.
Depending on the case, this may include:
Diplomas and transcripts;
Educational evaluations;
Letters from previous employers confirming qualifying work experience;
Professional licenses or certifications; and
Other evidence showing that the employee meets the requirements of the position.
It is important that the evidence submitted with the I-140 is consistent with the requirements listed in the PERM application.
Can the Employer Use Premium Processing?
In many PERM-based cases, the employer can request premium processing for the I-140 petition by paying an additional USCIS filing fee.
Premium processing can significantly reduce the amount of time USCIS takes to take action on the I-140 petition. However, premium processing only speeds up the I-140 stage. It does not make a visa number available sooner and does not necessarily speed up the later green card process.
Whether premium processing makes sense depends on the circumstances of the individual case.
What Is Your Priority Date?
Your priority date is extremely important because it generally determines when you can move forward with the final stage of the green card process.
For most PERM-based cases, the priority date is the date the Department of Labor received the PERM application.
An approved PERM and an approved I-140 do not necessarily mean that you can immediately apply for a green card. There are annual limits on the number of employment-based immigrant visas available, and some categories and countries have significant backlogs.
The U.S. Department of State publishes a Visa Bulletin each month showing which priority dates are currently eligible to move forward.
What Happens After the I-140 Is Approved?
After the I-140 is approved, the next step depends primarily on where the employee is located and whether an immigrant visa is available based on the employee’s priority date.
There are generally two possible paths.
If the employee is in the United States and is eligible to adjust status, the employee may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status, when the priority date is eligible for filing.
In some cases, the I-485 can be filed at the same time as the I-140. In other cases, the employee must wait until the priority date becomes eligible.
An adjustment of status applicant may also be eligible to apply for employment authorization while the I-485 is pending.
If the employee will complete the green card process outside the United States, the approved I-140 generally moves into immigrant visa processing through the National Visa Center (NVC).
When the case is eligible to proceed, the employee will complete the required immigrant visa application, submit supporting civil documents, and eventually attend an immigrant visa interview at a U.S. embassy or consulate.
After the immigrant visa is issued, the employee generally becomes a lawful permanent resident upon entering the United States with the immigrant visa.
Does I-140 Approval Give You Immigration Status?
No. This is an important point that can cause confusion.
PERM approval and I-140 approval do not, by themselves, give an employee lawful immigration status, employment authorization, or permission to remain in the United States.
For example, if an employee is working in the United States in H-1B, H-2B, H-2A, L-1, F-1, or another temporary status, the employer's green card case does not automatically extend that temporary status.
The employee must continue to pay close attention to the requirements and expiration dates associated with their current immigration status.
How Long Does the Process Take After PERM Approval?
There is no single timeline that applies to every case.
The remaining process can depend on:
How quickly the employer prepares and files the I-140;
Whether premium processing is requested;
Whether USCIS requests additional evidence;
The employee’s employment-based preference category;
The employee’s country of birth;
The employee’s priority date;
Visa availability under the Visa Bulletin;
Whether the employee uses adjustment of status or consular processing; and
USCIS, NVC, and U.S. embassy or consulate processing times.
For some employees, the next stages can move relatively quickly. Others may have to wait years for their priority date to become current.
This is why estimates from coworkers or friends often are not very helpful. Two employees working for the same company can have very different green card timelines.
Is PERM Approval a Green Card Approval?
No. PERM approval is an important step, but it is only one part of the employment-based permanent residence process.
A typical PERM-based green card case involves three major stages:
PERM Labor Certification – The employer completes the required labor market process and obtains certification from the Department of Labor.
I-140 Immigrant Petition – The employer asks USCIS to classify the employee for an employment-based immigrant visa.
Adjustment of Status or Immigrant Visa Processing – When an immigrant visa is available, the employee completes the final process to become a lawful permanent resident.
Understanding these separate stages can make the process much less confusing—especially when there may be a substantial wait between them.
Planning for the Next Stage After PERM Approval
If your PERM application has been approved, it is important to start preparing for the I-140 stage promptly. The employer must comply with the filing deadline, the supporting documents must establish that both the employer and employee meet the applicable requirements, and the employee should understand how the priority date affects the timing of the final green card application.
At Powers Immigration Law, we assist employers and employees with employment-based immigration matters, including PERM labor certification, I-140 petitions, adjustment of status, and immigrant visa processing.
If your PERM application was recently approved—or your employer is considering sponsoring you for permanent residence—contact our office to discuss the next steps in the employment-based green card process.
This article provides general information and is not legal advice. Immigration cases are highly fact-specific, and immigration laws and policies can change.
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