(UNITED STATES) Employers and skilled workers whose labor cases were cleared before the October 1, 2025 shutdown are moving to file the I-140 petition immediately, after federal processing ramped back up at the Department of Labor at the end of October. Attorneys said the restart on October 31, 2025 cleared a logjam for PERM certification holders, while U.S. Citizenship and Immigration Services (USCIS) remained open through the shutdown and continued accepting Form I-140, Immigrant Petition for Alien Workers filings.
The ability to file now matters most because the filing clock tied to each PERM certification never paused: those approvals carry a fixed validity and must be used to support an I-140 within a limited window. For many workers, the stakes are stark: lose the window, lose the certification, and repeat months of recruitment and review. That urgency, coupled with backlog fears that often follow federal disruptions, has prompted employers to act fast in the first days after systems came back online.
Why the restart matters now
With the Department of Labor’s software and case tracking back to full function by October 31, 2025, counsel began advising companies to submit I-140 packages as soon as their post-shutdown operations allowed. The pattern was familiar for seasoned immigration teams: when one agency pauses and another continues, the rhythm of employment-based green card cases becomes uneven.
In this instance, the green card route based on a permanent job offer—anchored in a PERM certification that proves no qualified U.S. workers were available for the role—regained its footing as soon as PERM functions resumed, because USCIS had never closed its doors to employment petitions. The central rule that shapes this moment is not about shutdown timing; it’s about the hard limit that governs PERM validity.
Once the Department of Labor approves a PERM certification, the sponsoring employer has a strict filing window tied to that date to submit the I-140 petition to USCIS. Counsel’s message this week has been consistent: don’t cut it close.
The 180-day timer: the decisive constraint
The boundary that matters here is a fixed span. Employers generally rely on a working benchmark of 180 days from the PERM approval date for filing the I-140. That 180 days rule functions like a timer set the moment the Department of Labor issues the certification.
- When the 180 days expire, the PERM certification is no longer valid for an I-140 filing.
- There is no rescue motion or grace period to salvage an expired PERM for this step of the process.
In practical terms, workers who waited through months of recruitment, audits, and adjudication could be pushed back to square one if the deadline is missed. The shutdown offered little comfort: the clock kept running while parts of the federal government were offline.
Immediate employer response and practical risks
That is why the reopening date triggered a swift return to filing. Employers with PERM approvals issued before October 1, 2025 have been told they can seek to file the I-140 immediately and should do so well before their internal deadline calculations approach the outer edge.
Attorneys advise:
- File the I-140 as soon as the certified PERM is in hand and still within its validity.
- Avoid bundling or delaying for administrative convenience when deadlines are tight.
- Prioritize cases approved in late spring, summer, and early fall, where the 180 days window may be close to expiring.
A missed window forces a new recruitment cycle, a new prevailing wage determination, and renewed audit risk—possibly under different job-market or wage conditions.
USCIS operations and filing considerations
USCIS continued to accept I-140 filings during the shutdown. Employers kept shipping forms to service centers and received receipts as usual. The I-140 packet must tie the certified job to the worker’s education and experience and include evidence of the employer’s ability to pay the offered wage.
Key filing elements:
– Certified PERM
– Signed Form I-140
– Filing fee
– Proof of the worker’s qualifications (degrees, experience)
– Employer evidence of ability to pay (tax returns, financials)
The filing question remained simple: file as soon as the employer has a certified PERM still within its validity period.
Processing speeds and premium processing
Processing timing matters:
- Standard I-140 processing can take several months to over a year.
- Premium processing can reduce the decision timeframe to around 45 calendar days once accepted, for an additional fee.
Premium processing is especially relevant for workers nearing nonimmigrant status expirations or dependent on timely employer transfers. I-140 approvals also lock in a priority date, which determines when an applicant can file Form I-485 (adjustment of status) once a visa number becomes available.
Next step: Form I-485 and visa number availability
When the I-140 is approved and the worker’s priority date is current under the State Department’s monthly visa bulletin, the worker may file Form I-485 to request permanent residence while inside the U.S.
- Form I-485 filing depends on visa number availability by category and country of chargeability.
- Adjustment filings can allow parallel work and travel benefits while pending.
- But none of this can happen without a timely-approved I-140 supported by a valid PERM.
For official information, see the USCIS page for Form I-485.
No special extension for shutdown delays
Employers and workers have asked whether shutdown delays permit late I-140 petitions beyond the PERM validity period. Counsel uniformly respond: no extension exists for the PERM-to-I-140 filing window, because USCIS continued operations and accepting petitions through the shutdown.
That operational fact has driven planning calls and audits of approval dates—especially for PERMs approved in April or May where any further delay risks crossing the 180-day threshold.
Practical steps to avoid avoidable delays
To minimize risk, employers are:
- Conducting early internal reviews and dual sign-offs.
- Looping in finance to prepare tax returns and annual reports.
- Asking supervisors to confirm job details that match PERM language exactly.
- Preparing cover letters that show PERM approval date, priority date, and nexus of job and worker to the certified position.
- Using overnight shipping and checklist-driven workflows.
Small documentation gaps can trigger Requests for Evidence (RFEs) that add months—risky when the PERM window is near its end.
Human impact and urgency
The emotional and practical stakes are high. For families, the difference between filing on day 175 and day 181 can mean a year or more of delay and uncertainty. Late filings force a restart: new prevailing wage requests, fresh recruitment, and the chance that labor-market changes will complicate approval.
Employers report increased after-hours document collection, weekend mailings, and heightened coordination to ensure I-140 petitions land at USCIS while the PERM is still valid.
Filing mechanics and resources
The I-140 petition must be precise and consistent with the PERM certification. Employers should verify details at least twice before sending.
- File information: Form I-140, Immigrant Petition for Alien Workers
- Adjustment of status info: Form I-485
Analysts at VisaVerge.com note that the cleanest post-shutdown filings included:
– Double verification of PERM approval dates
– Clear proof of the company’s ability to pay
– Exact matching of job description language between PERM and I-140
Strategic adjustments going forward
Some employers plan to prepare I-140 packets in parallel with late-stage PERM steps so they can file within days of certification rather than weeks. Others are considering more regular use of premium processing for I-140 filings in the second half of the year, when funding debates and potential interruptions are more common.
These changes reflect lessons learned: tighter coordination among hiring managers, legal teams, and finance can be decisive if another disruption occurs.
Bottom line and next steps
- Employers can file the I-140 now for PERM certifications issued before October 1, 2025, because USCIS never stopped taking those petitions.
- The Department of Labor resumed full PERM functions on October 31, 2025, restoring the pipeline for future cases.
- The decisive rule is that the I-140 petition must reach USCIS while the PERM certification remains valid—commonly within 180 days of approval.
For official filing instructions and eligibility categories, consult USCIS’s page for Form I-140, Immigrant Petition for Alien Workers. The most effective post-shutdown filings have come from employers who verify PERM approval dates twice, include clear proof of ability to pay, and keep the job description language identical to the PERM. The door to I-140 filings never closed. The Department of Labor is back. And the clock tied to each PERM certification keeps ticking until the I-140 is filed within its 180 days.
Frequently Asked Questions
This Article in a Nutshell
After the Department of Labor resumed PERM functions on October 31, 2025, employers moved quickly to file I-140 petitions because PERM approvals require an I-140 submission within 180 days. USCIS accepted I-140 filings throughout the shutdown, so no extension exists for expired PERMs. Employers should file promptly, assemble complete evidence of qualifications and ability to pay, and consider premium processing to shorten decision times and protect priority dates for I-485 eligibility.
