Does Each New Employer Need a PERM and I-140 When Switching Jobs During Green Card Wait?

If you’re waiting for a green card in the United States 🇺🇸 and thinking about changing jobs, you might wonder what happens to your immigration process. This guide will help you understand exactly what steps you and your new employer need to take if you switch jobs during the green card process. By the end, you’ll know when a new PERM and I-140 are needed, how to keep your place in line, and what to do to avoid common mistakes.

What You’ll Accomplish with This Guide

• Learn when a new PERM and I-140 are required if you change employers
• Understand how job changes affect your green card wait
• Get step-by-step instructions for each stage of the process
• Find out what documents you need and where to get them
• Know the timelines, costs, and common pitfalls to avoid
• Discover your next steps to keep your green card application on track

Eligibility Requirements: Who Needs a New PERM and I-140?

Before diving into the steps, it’s important to know when a new PERM and I-140 are needed:

• If you change employers before your I-140 is approved or before you file your I-485 (adjustment of status):
  Your new employer must file a new PERM and a new I-140 petition.
• If your I-140 is approved and your I-485 has been pending for at least 180 days:
  You may be able to change jobs without starting over, as long as the new job is in the same or similar occupation. This is called “portability.”
• If you change jobs after your green card is approved:
  You are a permanent resident and do not need employer sponsorship anymore.

Step-by-Step Process for Changing Employers During the Green Card Wait

1. Changing Jobs Before I-140 Approval

   If you switch employers before your I-140 is approved, you must start the process over with your new employer. Here’s what happens:

• Step 1: Your new employer files a new PERM labor certification. This is a process where the employer proves to the Department of Labor that there are no qualified U.S. workers available for the job.
• Step 2: After the PERM is approved, your employer files a new I-140 petition with U.S. Citizenship and Immigration Services (USCIS). The I-140 shows that you qualify for the job and that the employer can pay your salary.

• Step 3: Once the I-140 is approved and your priority date is current, you can file Form I-485 (adjustment of status) to become a permanent resident.

  Important: Each PERM and I-140 is tied to a specific employer and job. If you change jobs again, the new employer must repeat these steps.

1. Changing Jobs After I-140 Approval and I-485 Pending 180+ Days

   If your I-140 is approved and your I-485 has been pending for at least 180 days, you may be able to change jobs without starting over. This is called “porting” your green card process.

• Step 1: Make sure your new job is in the same or similar occupational classification as your original job.
• Step 2: Your new employer must complete and sign Form I-485 Supplement J, which confirms the job offer and that the job is similar. You can find the official form and instructions here.

• Step 3: Submit Supplement J to USCIS. If approved, you do not need a new PERM or I-140.

  Note: You can only have one I-485 application pending at a time, and it must be based on a valid I-140.

1. Changing Jobs After Green Card Approval

   Once your green card is approved, you are a permanent resident. You can change jobs freely and do not need employer sponsorship.

Required Documents

• PERM Labor Certification: Filed by your employer with the Department of Labor. More information is available on the DOL PERM page.
• Form I-140, Immigrant Petition for Alien Worker: Filed by your employer with USCIS. Find the official form here.
• Form I-485, Application to Register Permanent Residence or Adjust Status: Filed by you when your priority date is current. Official form here.
• Form I-485 Supplement J: Needed for job portability. Official form here.

Timelines and Costs

• PERM Processing: Usually takes 6–12 months, but can vary.
• I-140 Processing: Regular processing takes several months. Premium processing is available for an extra fee and gives a decision in 15 calendar days. Learn more about premium processing here.
• I-485 Processing: Can take several months to years, depending on your country of birth and visa category.
• Fees:
  • PERM: No government filing fee, but employers may pay legal and advertising costs.
  • I-140: $700 (as of 2025), plus $2,805 for premium processing (optional).
  • I-485: $1,140 plus $85 biometrics fee (as of 2025).
  • Supplement J: No fee.

Common Pitfalls to Avoid

• Changing jobs too early: If you leave your employer before your I-140 is approved or before your I-485 has been pending 180 days, you must start over with a new PERM and I-140.
• Job not similar enough: For portability, your new job must be in the same or similar occupational classification. If it’s too different, USCIS may deny your green card.
• Employer withdrawal: If you leave before your green card is approved, your employer may withdraw your PERM or I-140, which can end your process.
• Missing deadlines: Make sure to file all forms on time and keep copies of everything.
• Not consulting an attorney: Immigration rules can be complex. It’s wise to talk to an experienced immigration lawyer before making job changes.

Next Steps

• If you’re thinking about changing jobs:
  • Talk to your current and potential new employer about their willingness to sponsor you.
  • Check your current green card process stage to see if portability applies.
  • Gather all your documents and keep them organized.
  • Consult an immigration attorney for advice tailored to your situation.
• For more information:
  • Visit the USCIS official page on green card processes for up-to-date details.
  • According to analysis by VisaVerge.com, careful planning and understanding of the PERM and I-140 process can help you avoid costly delays and keep your green card journey on track.

By following these steps and staying informed, you can reduce stress and make smart choices during your green card wait, even if you need to change jobs. Remember, each employer usually must file a new PERM and I-140 unless you qualify for portability after 180 days of a pending I-485. Stay organized, ask questions, and don’t hesitate to seek legal help if you need it.