If your employer says your green card sponsorship is paused, first determine exactly which filing stage is affected. Ask for the forms, receipt or case numbers, filing dates, agency notices and every deadline. A delay while a PERM application is pending has different consequences from a delay after PERM certification, an I-140 filing or a pending I-485. Check the relevant Department of Labor or USCIS processing information, and obtain advice based on your immigration status before resigning, changing jobs or making any status decision.
Start by identifying what “paused” actually means
Employers often use suspended, delayed or on hold interchangeably. Those words do not identify an immigration stage or tell you whether a filing was made. In a typical PERM-based employment case, the employer first obtains labor certification from the U.S. Department of Labor (DOL), then submits an immigrant petition (Form I-140) to U.S. Citizenship and Immigration Services (USCIS). An eligible worker may later file an adjustment-of-status application (Form I-485), depending on visa availability and the person’s circumstances.
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Ask the employer’s immigration team to put the status in writing. Use the stage that matches the case, rather than relying on a general statement that sponsorship is delayed.
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|---|---|---|
| Case is still being prepared | The employer may not yet have filed anything with DOL or USCIS. | Has a prevailing wage request or PERM application been filed? If not, is there a planned filing date, and is the employer still pursuing the role? |
| Prevailing wage determination pending | DOL is determining the wage that must be used for the labor-certification process. | What date was the request submitted, and has DOL issued a determination or asked for more information? |
| PERM labor certification pending | The labor-certification application is in DOL processing and may be awaiting analyst review or another action. | What is the filing date, case status and any audit or supervised-recruitment notice? Has the employer contacted DOL about an unusually old case? |
| PERM certified | DOL approved the labor certification, but the employer still must file the I-140 within the validity period. | What is the certification date? When does the 180-day filing window end, and was the I-140 submitted? |
| I-140 pending | USCIS has received the immigrant petition and has issued a receipt notice. | What is the receipt number, classification, priority date and USCIS office or service center? Has USCIS issued a request for evidence or other notice? |
| I-485 pending | The adjustment application is with USCIS, usually after an employment-based immigrant petition or qualifying concurrent filing. | What is the I-485 receipt date, preference category, priority date and current case status? Are there notices for biometrics, an interview, a request for evidence or a medical examination? |
If the employer cannot identify a filed form, receipt number or agency notice, treat the matter as pre-filing rather than as a government processing delay. That distinction affects what deadline protection exists and what options can be evaluated.
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Request a complete case snapshot
Send a calm, specific written request to human resources, the immigration program manager or the outside counsel handling the case. Ask for copies where company policy permits, or at least the identifying details from each document. Keep the response and the date you received it.
- The exact stage and whether the employer has stopped work temporarily or ended sponsorship.
- The name of the employer entity that filed, the job title and work location used in the filing.
- Filing dates for the prevailing wage request, PERM, I-140 and I-485, if applicable.
- DOL case information, USCIS receipt numbers, priority date and preference category.
- Every approval, denial, audit, request for evidence, notice of intent, biometrics notice or interview notice.
- Any response deadline, expiration date or internal date by which counsel says an action must occur.
- Whether the employer still intends to employ you in the sponsored position and who will pay for required filing or legal work.
- Whether a filing was withdrawn, allowed to expire, rejected, denied or merely placed on hold before submission.
Do not infer that a case exists because you supplied documents or completed an intake questionnaire. A receipt or agency notice is the reliable evidence that a filing reached DOL or USCIS.
If the PERM application is still pending
Compare the PERM filing month with DOL’s current processing report. The report dated October 5, 2026 showed the analyst-review queue at December 2025 and listed an average of 336 calendar days for analyst-review determinations in August 2026. That figure is an average across cases, not a prediction or promised decision date for your application. DOL states that individual applications can take different amounts of time.
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Use the filing month, not the month your employer began preparing recruitment, when making the comparison. If the case is more than three months older than the month shown in DOL’s posted queue, DOL says the employer may contact the OFLC PERM Helpdesk to ask about status. The employer or its authorized counsel should make that inquiry using the case information; an employee should not assume that a case is lost or ask an agency to act without confirming the proper route.
What a normal queue comparison can and cannot tell you
- It can show whether the case is broadly within the analyst-review population DOL is reporting.
- It cannot reveal the result, identify an audit, or provide a guaranteed completion date.
- It does not replace checking for an agency notice, a recruitment issue or a response deadline.
- The live DOL page can change, so use the current report when your employer or counsel checks the case.
If the employer says the PERM process is paused for business reasons, ask whether the application remains active and whether any recruitment, wage or job facts have changed. A change in the sponsored position may require a new analysis; only counsel with the case documents can determine that.
If PERM has been certified
A certified labor certification is not open-ended. DOL states that certification is valid for 180 days for submission to USCIS. Ask for the certification date and calculate the filing deadline with counsel. Then ask directly whether the employer filed the I-140 and request the USCIS receipt number.
If the 180-day period is approaching and no I-140 has been filed, escalate promptly to the immigration attorney and the employer’s decision-maker. Do not assume that an internal promise to file preserves the certification. The relevant question is whether the required submission was made within the validity period and can be documented.
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If an I-140 or I-485 is pending with USCIS
USCIS processing information is specific to the form, employment category and office handling the case. Use the receipt notice to select the actual form and category in the current USCIS processing-time tool, then select the relevant field office or service center when the interface asks for one.
USCIS describes a posted processing time as the time needed to complete 80 percent of adjudicated cases during the preceding six months. It is a historical measure, not a guaranteed decision date. A case can remain pending within that range, and a case outside the range is not automatically approved or denied.
When a USCIS inquiry may be appropriate
Record the inquiry date shown for the selected form, category and office. If your receipt date is earlier than that date, ask counsel or the employer to use USCIS’s current case-inquiry process. Keep the service-request number and any response. If the case is not outside the posted range, an inquiry may not produce a substantive answer, so continue monitoring notices and deadlines.
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Check whether USCIS has sent a request for evidence, notice of intent or appointment notice. A missed response or appointment can create a separate problem from the underlying processing delay. Give counsel every notice as soon as it arrives.
Do not make a job or status change based only on a delay
The effect of a pause depends on your current nonimmigrant status, the expiration of your authorized stay and work authorization, the filings already made and your country of chargeability and priority date. The available facts do not establish whether your employer may lawfully stop or withdraw support in your situation, whether a status extension is available or whether another petition would work. Those are case-specific legal questions.
Changing employers is not automatically protected because a green card case is slow. USCIS describes a limited AC21 portability rule for certain adjustment applicants who have an approved employment-based I-140 and an I-485 pending for at least 180 days. The new job must be in the same or a similar occupational classification, and other conditions apply. This is not a general cure for an earlier PERM delay, an unfiled I-140 or every pending adjustment case.
Before accepting another job, resigning, moving into a different role or allowing a nonimmigrant status to expire, have an immigration lawyer review your receipt history, approval notices, priority date, current status and proposed job. Ask for written advice about work authorization, travel, dependents and any required filing. Do not rely on a coworker’s outcome or a general internet explanation.
A practical response plan
Within the next two business days
- Send the written request for the exact stage, forms, receipt numbers, filing dates, notices and deadlines.
- Gather your own copies of passports, approval notices, I-94 records, prior petitions, employment documents and correspondence.
- Write down your current immigration status, expiration dates, work authorization end date and any upcoming travel.
After you receive the case details
- For a pending PERM, compare the filing month with DOL’s current queue and ask counsel whether the case is more than three months older than the posted month.
- For a certified PERM, calculate the 180-day validity period and confirm whether the I-140 was filed before it ended.
- For a pending I-140 or I-485, select the exact form, category and office in USCIS processing times and note the inquiry date.
- Match every notice to its response or appointment deadline and create reminders for each one.
Before making a major decision
- Ask counsel to explain the effect of a pause on your current status and on each family member’s status.
- Ask whether any filing has been withdrawn, denied, rejected or left pending, and what evidence supports that answer.
- Obtain advice before changing employers, changing duties, traveling, resigning or allowing work authorization or status to lapse.
Common mistakes that make a delay worse
- Assuming “sponsorship started” means PERM or an I-140 was filed.
- Using a general USCIS processing number without selecting the receipt’s form, category and office.
- Treating DOL’s 336-day August 2026 average as a personal deadline or promise.
- Letting a certified PERM’s 180-day filing window pass while waiting for an internal decision.
- Contacting an agency before confirming the case number, authorized contact and correct inquiry process.
- Assuming AC21 portability applies before checking for an approved I-140, a 180-day pending I-485 and a same-or-similar job.
- Waiting until a visa, work authorization or status expiration is imminent to seek individualized advice.
When to seek urgent individualized advice
Arrange prompt legal review if the employer will not disclose whether a filing was made, says it may withdraw support, reports a denial or request for evidence, identifies a PERM certification deadline, plans to terminate you, proposes a materially different job, or cannot confirm your next status or work-authorization step. Bring the complete timeline and every notice. A lawyer can assess facts that a general article cannot, including whether another employer or petition is possible and how a change could affect you and your dependents.
The most useful outcome of your first conversation with the employer is not a promise that the case will be approved. It is a documented answer to five questions: what was filed, when it was filed, where it is now, what deadline comes next and whether the employer still intends to support the position. Once those facts are clear, DOL or USCIS’s current information and case-specific legal advice can guide the next decision.
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