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In the usual U.S. employer-sponsored green-card route, the employer first completes a Department of Labor (DOL) PERM labor certification, then files Form I-140 with U.S. Citizenship and Immigration Services (USCIS). Only after those steps—and when an immigrant visa is available—can the worker complete the final immigrant-visa or adjustment-of-status process. An approved I-140 is not itself a green card, and the employee does not file the PERM application.
The three decisions in the usual employer-sponsored route
The process is best understood as three separate government decisions rather than one application. DOL examines the labor-market test for a specific permanent job. USCIS decides whether the employer’s immigrant petition qualifies under the requested employment-based category. The Department of State and USCIS then apply visa-number rules before the worker can finish permanent residence.
| Stage | Main filing or decision | Who acts | What it establishes |
|---|---|---|---|
| 1. Labor certification | Prevailing wage, recruitment, notice, and ETA-9089 | Employer with DOL | Whether the job and labor-market test meet PERM requirements |
| 2. Immigrant petition | Form I-140 supported by certified ETA-9089 | Employer with USCIS | Whether the employer and offered position qualify for the requested immigrant classification |
| 3. Permanent residence | Immigrant visa application or Form I-485 adjustment of status | Worker, employer and the appropriate agency | Whether the worker may be admitted as, or adjust status to, a permanent resident when a visa is available |
The common PERM sequence does not apply identically to Schedule A occupations, national interest waivers, extraordinary-ability cases, university-teacher special handling, professional athletes, or other employment-based categories. Those routes can have different filing responsibilities and may not require PERM.
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Step 1: Define the permanent job opportunity
The employer begins by identifying a permanent, full-time position and documenting the job’s actual minimum requirements and duties. The requirements must describe the real opportunity, not an artificially tailored profile created only after selecting a foreign worker.
Occupation classification changes the recruitment rules
DOL distinguishes professional and nonprofessional occupations for recruitment purposes. University teachers selected through competitive recruitment and professional athletes have additional rules. Because the required advertisements, recruitment steps, and documentation depend on the occupation and regulatory route, there is no single checklist that safely fits every PERM case.
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Employer responsibility
DOL states that filing the labor-certification application is the employer’s responsibility, not the employee’s. A worker can provide information and review job details, but the employer must control the filing, recruitment record, and attestations. The employer also remains responsible for ensuring that the offered job, minimum requirements, and wage information are consistent throughout the case.
Step 2: Obtain the prevailing wage determination
Before submitting PERM, the employer must obtain a prevailing wage determination (PWD) from DOL’s National Prevailing Wage Center. The PWD is tied to the occupation and the area of intended employment. It supplies the wage level that applies to the defined position under the methodology in effect when the determination is issued.
Why the job description matters
The employer’s duties, minimum requirements, worksite and occupational classification must align with the PWD request and the later ETA-9089. A material mismatch can create questions about whether the wage was determined for the same job that was recruited. The employer must be prepared to offer and pay at least the required wage under the applicable PERM and I-140 rules.
Methodology can change
On March 26, 2026, DOL announced a proposed rule to revise prevailing-wage methodology for PERM and certain other visa programs. The announcement described a proposal and comment period; it did not establish that a final rule had taken effect. Employers should use the methodology currently in force when requesting a PWD and filing, rather than assuming the proposal is operative.
Step 3: Complete recruitment and notice requirements
After obtaining the required wage determination, the employer conducts the recruitment required for the occupation and route. The purpose is to test whether there are sufficient able, willing, qualified, and available U.S. workers for the job and whether hiring the foreign worker would adversely affect similarly employed U.S. workers’ wages and working conditions.
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Professional occupations
Professional cases generally require the professional recruitment pattern described in DOL’s ETA-9089 instructions, including specified forms of advertising and recruitment documentation. Exact requirements can depend on the occupation, employer, and facts of the recruitment. The employer must preserve evidence showing where and when each step occurred and how applicants were handled.
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Nonprofessional positions follow a different regulatory recruitment route. The employer should not copy a professional-case checklist without confirming that the job’s classification and requirements call for it.
Notice of filing
All applicable PERM cases also require notice-of-filing compliance. The notice gives the employer’s workers an opportunity to learn about the proposed filing and raise concerns through the required internal process. Posting location, timing and content must follow the rules that apply to the case.
Recruitment records and lawful reasons for rejection
The employer must document recruitment results and retain records supporting lawful, job-related reasons for rejecting U.S. applicants. A foreign worker’s qualifications do not eliminate the need to evaluate U.S. applicants against the stated minimum requirements. Because recruitment defects are difficult to repair after filing, employers commonly address the exact occupation, worksite and requirements with immigration counsel before submitting ETA-9089.
Step 4: File ETA-9089 with DOL
Once the PWD, recruitment and notices are complete, the employer files the PERM labor-certification application, Form ETA-9089, with DOL through the filing system and process then in effect. The filing date is critical: in the standard PERM route, the date DOL receives the labor-certification application generally becomes the worker’s priority date for USCIS and the Department of State.
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What DOL is deciding
DOL is not granting permanent residence. It is deciding whether the employer followed the labor-market test for the particular permanent job. Certification indicates that the filing met the applicable requirements concerning the job, wage, recruitment and U.S.-worker protections. DOL can audit a case or request additional documentation, so the employer should retain the recruitment file and supporting records.
Priority date is a date, not a visa number
The PERM filing date establishes a place in the immigrant-visa queue; it does not create a visa number, guarantee approval, or permit immediate adjustment of status. The worker’s category and chargeability area determine how that date is compared with the monthly Visa Bulletin.
Step 5: File Form I-140 after certification
If DOL certifies the application, the employer submits the certified ETA-9089 with Form I-140 to USCIS. DOL states that the certification is valid for 180 days and expires if it is not submitted in support of the I-140 within that period. Missing that deadline can require starting over with a new labor-certification strategy.
What USCIS examines
USCIS adjudicates the employer’s immigrant petition under the requested employment-based classification. The petition must show that the offered position and the beneficiary satisfy the classification requirements and that the employer can pay the offered wage from the priority date onward.
Ability to pay the offered wage
USCIS regulations identify annual reports, federal tax returns and audited financial statements as examples of evidence for an employer that must establish ability to pay. Other evidence may be relevant in an appropriate case. The evidence is evaluated under the governing regulations and the employer’s facts, including the offered wage, priority date and the worker’s compensation history where applicable. An employer should not assume that a profitable year or a single payroll record automatically resolves every ability-to-pay issue.
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Approval is not a green card
An approved I-140 confirms approval of the immigrant petition; it does not by itself confer permanent-resident status, authorize admission as an immigrant, or make a visa number immediately available. The worker still must complete the final stage when eligible.
Step 6: Wait for visa availability and complete permanent residence
The final route depends on the worker’s location, status and visa availability. A worker outside the United States generally proceeds through immigrant-visa processing with the Department of State. A worker in the United States may file Form I-485 adjustment of status when the applicable filing chart and visa-availability rules permit.
Visa Bulletin and chargeability
Employment-based categories are numerically limited in many cases. The monthly Visa Bulletin uses category and chargeability-area dates to show when a priority date is current or when an application may be filed under USCIS instructions. Dates can advance, retrogress or become unavailable. Always check the current Visa Bulletin and USCIS adjustment-of-status filing guidance for the relevant month; no single cutoff date applies to every worker.
What the final application adds
The immigrant-visa or adjustment stage addresses admissibility, eligibility to receive the visa, identity and civil documents, required medical examination where applicable, and other final requirements. The worker and qualifying family members must follow the procedures for the selected route. A pending or approved I-140 does not replace those requirements.
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An I-140 approval alone should not be described as unrestricted permission to change employers. USCIS provides a portability framework for certain employment-based adjustment applicants whose Form I-485 has been pending for at least 180 days and whose new, permanent job is in the same or a similar occupational classification. The worker must satisfy the applicable adjustment and portability rules and provide the required documentation. The framework does not automatically protect every job change, and it does not turn an unfiled or ineligible I-485 into a portable case.
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Questions to check before moving
- Has the I-485 been pending for the required period?
- Is the new job permanent and in the same or a similar occupational classification?
- Can the worker document the new offer and comply with USCIS portability procedures?
- Are there other issues, such as a withdrawn petition, fraud concern, status problem or visa unavailability?
Because the consequences can be case-specific, obtain individualized immigration advice before resigning, accepting a materially different position or relying on portability.
How long does PERM and I-140 take?
There is no single reliable combined timeline. DOL recruitment and adjudication, USCIS petition processing, and visa-number availability are separate clocks. Processing times change, and visa backlogs can outlast either agency’s processing period. Use DOL’s current PERM processing-time information and USCIS’s processing-time tool for the relevant form and category, then check the Visa Bulletin for the priority-date queue. Agency processing time does not predict when a visa number will become available.
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Agency forms and online procedures change. A search result for an ETA-9089 PDF identified a form edition dated June 1, 2023 with an OMB expiration date of October 31, 2025. That dated PDF should not be treated as the current filing form without verification. The FLAG PERM overview and DOL’s current forms and filing instructions are the safer starting points for the version and submission method in effect when an employer files.
Information to verify before filing
- The current ETA-9089 edition and electronic filing instructions.
- The PWD methodology and validity period.
- The occupation-specific recruitment and notice requirements.
- The correct USCIS I-140 form edition, filing address and fee.
- The worker’s category, chargeability area and current Visa Bulletin dates.
- Any policy or regulatory change that took effect after the employer began preparation.
How alternative employment-based routes differ
PERM is the general route for many employer-sponsored cases, but it is not universal. Comparing a route requires more than asking whether an I-140 is involved.
| Decision axis | Typical PERM route | Other employment-based routes |
|---|---|---|
| Who files the labor stage? | Employer files the PERM application | May be no labor-certification filing, or a different employer or self-petition structure may apply |
| Labor certification required? | Generally yes before the related I-140 | Some categories, including certain Schedule A and self-petition categories, follow exceptions |
| Recruitment test | Occupation-specific DOL recruitment and notice requirements | May use a different test or no PERM recruitment |
| Agency decision | DOL decides certification; USCIS decides I-140 | Agency sequence depends on the classification |
| Priority date | Generally the date DOL receives ETA-9089 | Can be established by a different filing or rule |
| Numerical visa limit | Often affects when the final application can be filed | Depends on the category and the worker’s chargeability area |
Schedule A, special handling, national interest waiver and extraordinary-ability cases should be evaluated under their own requirements rather than forced into the PERM checklist.
Common mistakes and practical safeguards
- Worker files PERM personally: The employer must file the labor-certification application.
- Using one recruitment checklist for every job: Confirm whether the occupation is professional, nonprofessional or subject to a special rule.
- Treating the priority date as approval: It is a queue date, not a visa number or green-card grant.
- Missing the 180-day I-140 deadline: Submit the certified labor certification to USCIS within its validity period.
- Assuming I-140 approval solves ability to pay: USCIS evaluates evidence under the applicable rules and facts.
- Changing jobs immediately after approval: Portability depends on a qualifying, sufficiently long-pending I-485 and a same-or-similar occupation.
- Relying on an old form or fee: Verify the current DOL and USCIS editions, addresses and fees before filing.
- Ignoring visa retrogression: Check the current Visa Bulletin instead of relying on the date an earlier case became current.
When case-specific legal advice is warranted
General explanations cannot determine whether a particular job description, recruitment record, employer financial document, priority date or proposed job change is sufficient. Individual advice is especially important for unusual recruitment, a DOL audit, a USCIS request for evidence, employer ability-to-pay questions, a withdrawn or amended petition, visa retrogression, or a possible portability move. Current agency instructions and the facts of the specific employer and worker control the outcome.
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