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First, identify exactly where the employment-based green-card process stopped. A pause before filing, a withdrawal of a PERM application pending at the U.S. Department of Labor (DOL), a decision not to file an I-140 after PERM certification, and a withdrawal of an approved I-140 have different consequences. Ask for the case records and dates in writing, protect every deadline, and obtain individualized immigration advice before changing jobs or relying on a priority date.
PERM is only one part of the process
PERM is the employer’s labor-certification process. The employer generally defines a permanent, full-time job; obtains a prevailing wage determination; completes required recruitment and notice; and submits ETA Form 9089 to DOL. DOL describes the purpose this way:
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“The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.”
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After certification, the employer may submit the certified labor certification with Form I-140 to U.S. Citizenship and Immigration Services (USCIS). An I-485 application to adjust status may be filed when the worker is eligible and an immigrant visa is available.
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A PERM filing by itself is not a visa, lawful immigration status, employment authorization, or permission to remain in the United States. Your visa classification, I-94 expiration, other pending applications, and work-authorizing documents must be evaluated separately.
Determine which stage has stopped
Use the stage, the government agency involved, the relevant date, and any independent status or adjustment filing to understand the risk. Do not treat an employer’s statement that a “green-card case is paused” as a legal status update.
| Stage | Who has acted | What a pause or withdrawal can mean | Dates to verify |
|---|---|---|---|
| Before PERM filing | Employer or counsel | Recruitment, wage work, or internal sponsorship may have stopped before a DOL case existed. There may be no PERM filing date or priority date. | Prevailing wage request, recruitment start and end dates, planned filing date, and any company deadline. |
| PERM pending at DOL | Employer and DOL | The employer may request withdrawal in eligible circumstances, but a request is not necessarily an accepted or recorded withdrawal. An audit obligation can continue. | DOL case number, filing date, case status, audit date, and audit-response deadline. |
| PERM certified; I-140 not filed | DOL has certified; employer must act with USCIS | The certification can become unusable if the employer does not submit it with Form I-140 within the required period. | Certification date and the 180-day filing period. |
| I-140 filed or approved | USCIS and employer | Withdrawal timing can affect whether USCIS revokes an approved petition. Priority-date retention and the job offer are separate questions. | I-140 receipt and approval dates, withdrawal date, and any USCIS notice. |
| I-485 pending | USCIS and worker | Certain employment-based applicants may qualify for job portability after the adjustment application has been pending at least 180 days, subject to same-or-similar job and other requirements. | I-485 receipt date, visa availability, job classification, and portability documentation. |
Take these steps immediately
- Ask for a written explanation. Send a concise request to your employer or immigration counsel asking whether the event is an internal pause, a DOL withdrawal request, a DOL denial, or a post-certification decision not to file an I-140. Ask who made the decision and on what date.
- Request the complete paper trail. Ask for the ETA 9089, prevailing wage determination, DOL case-status record, recruitment and notice records that can be shared with you, every audit or other DOL notice, the certified labor certification if one exists, and any I-140 or I-485 receipt, approval, withdrawal, or denial notice.
- Record every date. Create a timeline containing the PERM filing date, audit notice date, audit deadline, certification date, I-140 filing and approval dates, I-485 filing date, and the date of each employer communication. Keep the original emails and attachments, not just screenshots.
- Confirm what DOL actually recorded. Ask whether DOL has accepted or recorded a withdrawal or has issued a final determination. A company’s request to withdraw and DOL’s processing of that request are not automatically the same event.
- Separate immigration status from sponsorship. Check your passport, I-94, visa approval notices, employment-authorizing documents, and any pending extension or change-of-status filing. A pending or withdrawn PERM does not itself extend status or work authorization.
- Escalate deadline questions promptly. Contact a qualified employment-based immigration attorney if an audit response, the 180-day certification period, a status or work-authority expiration, an I-140 withdrawal, or an I-485 portability decision may be involved.
If the PERM is still pending
A withdrawal request does not cancel an audit deadline
DOL guidance states that required audit information remains due by the deadline in the audit letter even when the employer asks to withdraw a pending case. DOL is also not required to accept every pending-case withdrawal request. If an audit letter exists, ask counsel for proof that a complete response was submitted or for written confirmation of the government’s recorded disposition. Do not assume that an unresponded audit will disappear because the employer intends to withdraw.
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There may be no transferable case
The employer is the PERM filer. A different company generally cannot simply take over a pending ETA 9089 filed by the first employer. A new employer may need to begin its own prevailing-wage, recruitment, and filing process. The materials available here do not establish a worker’s right to compel an employer to sponsor, restart, or transfer a case.
Understand the queue without treating it as your prediction
DOL’s FLAG processing page reported PERM analyst-review cases at December 2025 priority dates as of October 5, 2026, and an August 2026 analyst-review average of 336 calendar days. Those are queue measures, not a promise for an individual application; case facts and later updates can change the timing.
If the PERM has been certified
The 180-day filing clock matters
DOL states that a certified labor certification expires if it is not submitted to USCIS with Form I-140 within 180 days. Ask for the certification date, the planned I-140 filing date, and proof of delivery or a USCIS receipt number. If the employer has paused after certification, treat this as a time-sensitive issue rather than waiting for an informal update.
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Certification is not an approved immigrant petition
Certification confirms the labor-market finding by DOL; it does not approve the worker for permanent residence. USCIS must still adjudicate the I-140, and visa availability and the worker’s eligibility affect any later I-485 filing. If the employer will not file the I-140, ask counsel whether another lawful strategy exists; do not assume the certified document can be used by a different employer.
If an I-140 was filed or approved
Withdrawal timing can change the petition’s treatment
USCIS materials describe a rule under which an employer withdrawal filed less than 180 days after I-140 approval generally results in revocation. A withdrawal filed 180 or more days after approval, or after the associated I-485 has been pending for 180 days, generally leaves the petition approved unless USCIS revokes it on another ground. The exact result depends on the petition, notices, and applicable regulation and policy, so have counsel review the record rather than relying on the calendar alone.
Do not conflate an approved petition with the job offer
The USCIS withdrawal decision distinguishes the withdrawn job offer from questions about retaining a priority date. An employer’s withdrawal may end the original job offer even when an approved petition is not automatically revoked under the timing rule. Ask for the USCIS notice and a written analysis of both issues.
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Priority dates: what you can and cannot assume
DOL identifies the labor-certification receipt date as the filing date used as the priority date for a PERM-based case. That statement does not mean every pending or withdrawn PERM creates a permanently usable priority date. Retention can depend on a later I-140 approval and on the withdrawal and revocation rules that apply to that petition.
Before telling a prospective employer that you “have” a priority date, collect the DOL filing evidence, I-140 receipt and approval notices, and any revocation or withdrawal correspondence. Have an attorney determine whether the date is legally retained and whether it can be used in a new employment-based case. A pending PERM alone should not be represented as a protected, transferable priority date.
If your I-485 has been pending at least 180 days
USCIS policy allows certain EB-1, EB-2, and EB-3 adjustment applicants with an approved employment-based petition to change jobs or employers after the I-485 has been pending 180 days or more. The new job must be in the same or a similar occupational classification, and other statutory and procedural conditions apply. This is commonly called adjustment portability.
Portability is not a general right to transfer a PERM. It does not protect a worker who has only a pending labor certification, and it does not eliminate visa-availability, petition-approval, or admissibility requirements. Before moving, obtain advice on the proposed job description, occupation code, location, wages, and the documents USCIS expects for a portability filing.
How a pause can affect your status and work authorization
The consequences depend on facts that cannot be inferred from the PERM record: visa category, expiration dates, I-94 information, approved extensions, pending change-of-status or extension filings, an EAD, and whether an I-485 is pending. A PERM pause or withdrawal does not itself grant a grace period, extend an H-1B or other status, or authorize employment.
- Check the “admit until” date on your latest I-94, not only the visa stamp’s expiration date.
- Check the expiration and category on every employment-authorization document.
- Ask counsel whether a separate employer petition, status extension, change of employer, or adjustment-based work authorization is available.
- Do not stop working, continue working, or change employers based solely on an employer email about the PERM.
A practical email you can send
Keep the request factual and ask for records rather than arguing about legal conclusions:
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Please confirm whether my employment-based case is paused, whether a withdrawal request was sent to DOL, whether DOL recorded a withdrawal or issued a final decision, or whether the PERM was certified and the company decided not to file an I-140.
Please provide copies of the ETA 9089, prevailing wage determination, DOL notices (including any audit), certified labor certification, and any I-140 or I-485 receipts, approvals, withdrawals, or denials. Please also list the relevant filing, certification, approval, withdrawal, and response-deadline dates.Save the sent message and any response. If the employer will not provide records, tell counsel exactly what is missing and provide your own timeline and status documents.
When professional advice is urgent
- An audit deadline is approaching or has passed.
- A certified PERM is nearing its 180-day I-140 filing limit.
- Your I-94, status, or work authorization is expiring.
- An approved I-140 has been withdrawn or the employer is preparing to withdraw it.
- Your I-485 has been pending 180 days and you are considering a job change.
- You are relying on a priority date from a withdrawn, revoked, or never-approved petition.
Bring counsel the full timeline, government notices, employment documents, and the proposed new job information if a move is under consideration. An attorney can also verify the current regulation and USCIS policy applicable to an I-140 withdrawal or portability request; agency guidance and processing queues change.
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