THE NEXT STAGE AFTER PERM APPROVAL
I-140 Processing Time & Guide
Regular I-140 processing takes about 3 months for EB-2 and 4 months for EB-3 (80% of cases), and with Premium Processing USCIS acts within 15 business days for $2,965. After PERM approval, the employer files Form I-140 for USCIS to review the job, company, and worker’s employment-based immigrant eligibility.
FILING PROCESS
What happens after PERM approval?
- 01CERTIFIED
Confirm the PERM approval
Review the job, wage, worksite, and worker details. Track the 180-day PERM validity period.
- 02FILED
File Form I-140
The employer files Form I-140 with supporting evidence and selects regular or Premium Processing.
- 03REVIEW
Wait for USCIS review
USCIS may approve the petition, request more evidence, issue a NOID, or deny the case.
- 04NEXT STEP
Check I-485 timing
After approval, use the Priority Date and Visa Bulletin to see when Form I-485 may move forward.
I-140 FAQ
Common questions about I-140
USCIS checks three things:
- Job and EB categoryUSCIS checks whether the PERM job supports the requested EB-2 or EB-3 classification.
- Worker qualificationsThe worker must generally meet the PERM education, training, and experience requirements by the Priority Date.
- Ability to payThe employer must show ability to pay the offered wage from the Priority Date onward.
DOL certification of the PERM does not guarantee I-140 approval because the two agencies review different issues.
Compare the new role with the position in the PERM case. The job title alone does not decide the outcome.
Role remains similarUsually continuesSoftware Engineer → Senior Software Engineer
Role changes significantlyMay restart PERMSoftware Engineer → Engineering Manager
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 original Priority Date can often be retained
- STEP 1EMPLOYER APERM → I-140 approvedPD：2026
- STEP 2CHANGE JOBSEmployer A → Employer BThe PERM process restarts
- STEP 3EMPLOYER BNew PERM → New I-140May still use the original 2026 PD
KEY POINTThe PERM process may need to restart, but the place in line often does not.
Priority Date retention is not automatic if the earlier I-140 was revoked for fraud, material error, or labor certification issues. Confirm with counsel before relying on an earlier Priority Date.
- STEP 1
For PERM-based EB-2 and EB-3 cases, the employer files Form I-140. For EB-2 NIW, the worker may self-petition.
A certified PERM is valid for 180 days. The employer must file Form I-140 before it expires.
No. I-140 approval confirms the immigrant petition. The worker still needs adjustment of status or consular processing, and a visa number must be available.
No. Premium Processing only speeds up USCIS action. It does not change the evidence requirements or guarantee approval.
Sometimes. If a visa number is available and USCIS allows filing, I-140 and I-485 may be filed concurrently.
No. An RFE means USCIS needs more evidence. The employer and attorney must respond by the deadline.