PERM Filing Date vs I-140 Approval Date: Understanding Your Priority Date

As of July 2025, a key update in the U.S. employment-based green card process clarifies that the priority date is set by the PERM labor certification filing date—not the I-140 approval date. This distinction is critical for anyone seeking permanent residency through employment, as it directly affects when you can move forward with your green card application. Here’s a detailed breakdown of what’s changed, who is affected, what actions are required, and what this means for pending and future applications.

Summary of What Changed

The main update is a clear, official confirmation: the priority date for employment-based green card applicants who require PERM labor certification is the date the Department of Labor (DOL) receives the PERM application. This date is now firmly recognized as the one that determines your place in line for a green card. The I-140 approval date, while important for other reasons, does not set or change your priority date.

This clarification removes confusion for applicants and employers who may have wondered whether delays or timing of the I-140 petition could affect their place in the green card queue. The U.S. Citizenship and Immigration Services (USCIS) and the Department of Labor have both confirmed this policy, and there are no announced changes expected in the near future.

Who Is Affected by This Update

This update affects a wide range of people and organizations, including:

• Foreign workers applying for employment-based green cards in the EB-2 and EB-3 categories, where PERM labor certification is required.
• Employers sponsoring foreign workers for permanent residency.
• Immigration attorneys and HR professionals managing green card cases.
• Applicants from countries with long visa backlogs, such as India 🇮🇳 and China 🇨🇳, where the priority date can mean waiting several years for a green card number to become available.

If you are in the process of applying for a green card through employment and your case requires PERM labor certification, this update directly impacts your timeline and planning.

Effective Dates

This policy is effective as of July 2025 and applies to all current and future employment-based green card cases that require PERM labor certification. If your PERM application was filed before this date, your priority date is still the date the DOL received your PERM application. There is no retroactive change or adjustment to how priority dates are set.

Required Actions for Applicants and Employers

Given this update, here are the immediate steps and best practices for applicants and employers:

• File the PERM labor certification as early as possible. The sooner the PERM is filed, the earlier your priority date will be, which is especially important for applicants from countries with long waiting times.
• Track your PERM filing date carefully. Keep a record of the exact date the DOL receives your application, as this will be your official priority date.
• Monitor the monthly Visa Bulletin. Your priority date determines when you can file Form I-485 (Adjustment of Status) or start consular processing. Check the Visa Bulletin each month to see if your date is current.
• Understand that I-140 approval does not change your priority date. Even if there are delays in I-140 processing, your place in line is secure based on the PERM filing date.
• If changing employers, ensure your I-140 is approved and not revoked for fraud or misrepresentation. This allows you to retain your original priority date, which can save years of waiting.
• Maintain valid nonimmigrant status while waiting. You must keep your current visa status valid until you can file for adjustment of status or consular processing.

Implications for Pending Applications

If you have a pending green card application, here’s what this update means for you:

• Your priority date is locked in as the PERM filing date. Even if your I-140 petition is still being processed, your place in the green card queue is secure.
• Delays in I-140 approval do not affect your priority date. However, they can delay when you can file Form I-485 or start consular processing, as you need an approved I-140 to move forward.
• If you need to change employers, you can usually keep your original priority date. This is true as long as your first I-140 was approved and not revoked for fraud or misrepresentation.
• If your PERM or I-140 is denied, you lose your priority date. You would need to start the process over, and your new priority date would be the date of the new PERM filing.

Detailed Overview of the PERM Labor Certification and Priority Date Process

To help you understand how this all fits together, here’s a step-by-step look at the process:

1. PERM Labor Certification Filing

• The employer files a PERM labor certification application with the Department of Labor.
• This step certifies that no qualified U.S. worker is available for the job and is required for most EB-2 and EB-3 green card cases.
• The date the DOL receives this application is your priority date.

2. PERM Processing Times

• As of mid-2025, PERM processing times average about 500 days (around 16 months).
• Delays are common due to audits, prevailing wage determinations, and high application volumes.
• There is no premium processing available for PERM, so planning ahead is essential.

3. I-140 Petition Filing

• After PERM is approved, the employer must file Form I-140, Immigrant Petition for Alien Worker, with USCIS within 180 days.
• The I-140 petition confirms your eligibility for the green card category.
• The I-140 approval date does not change your priority date.
• Regular I-140 processing takes 6 to 9 months, but premium processing can speed this up to about 21 days.
• You can find the official Form I-140 here.

4. Adjustment of Status (Form I-485) or Consular Processing

• Once your priority date is current according to the Visa Bulletin, you can file Form I-485 (if you are in the United States 🇺🇸) or start consular processing (if you are outside the United States 🇺🇸).
• The priority date determines when you are eligible to take this step.

5. Retention of Priority Date

• If you change employers and your new employer files a new PERM and I-140, you can usually keep your original priority date.
• This is only possible if your first I-140 was approved and not revoked for fraud or misrepresentation.

Key Points to Remember

• Your priority date is the PERM filing date, not the I-140 approval date.
• Delays in PERM processing can significantly affect your green card timeline.
• Premium processing is only available for I-140, not PERM.
• Changing employers does not mean losing your priority date, as long as your I-140 was approved and not revoked for fraud or misrepresentation.

Practical Scenarios and Examples

Let’s look at a few common situations to see how these rules work in real life:

Example 1: Delayed I-140 Approval

Priya, an engineer from India 🇮🇳, had her PERM labor certification filed by her employer on January 10, 2023. Due to a backlog at USCIS, her I-140 petition was not approved until March 2025. Even though her I-140 approval was delayed, her priority date remains January 10, 2023. When the Visa Bulletin shows her priority date is current, she can file Form I-485, regardless of when her I-140 was approved.

Example 2: Changing Employers

Carlos, a software developer from Mexico 🇲🇽, had his PERM filed in June 2022 and his I-140 approved in December 2023. He received a better job offer and his new employer filed a new PERM and I-140 in 2025. Because his first I-140 was approved and not revoked for fraud or misrepresentation, Carlos can keep his original June 2022 priority date, giving him a better spot in the green card queue.

Example 3: PERM Denial

Mei, a researcher from China 🇨🇳, had her PERM application denied due to a technical error. She must start over with a new PERM application. Her new priority date will be the date the DOL receives the new application, not the date of her first, denied PERM.

Recent Developments and Expert Guidance

As reported by VisaVerge.com, the Department of Labor continues to face significant backlogs in PERM processing, with average wait times now exceeding 16 months. There is no premium processing option for PERM, so experts recommend that employers start the PERM process at least two years before the employee’s visa max-out date. This helps avoid gaps in work authorization and ensures a smoother transition to permanent residency.

USCIS and DOL have not announced any changes to the priority date rules for 2025. The priority date remains firmly tied to the PERM filing date for labor certification cases. Stakeholders, including immigration attorneys and advocacy groups, continue to push for reforms to reduce PERM backlogs and improve processing efficiency, but no major changes are expected soon.

Step-by-Step Summary Table

Official Resources for Further Information

• For official guidance on priority dates and the Visa Bulletin, visit the USCIS Visa Availability and Priority Dates page.
• To check the status and processing times for PERM applications, see the Department of Labor PERM Processing page.
• For current I-140 and I-485 processing times, use the USCIS Case Processing Times tool.

What to Watch for in the Future

• No changes to priority date rules are expected in the near term (2025).
• PERM processing delays may continue due to high demand and staffing issues at the DOL.
• Premium processing for I-140 remains available and is a useful tool to speed up this stage, but it does not affect your priority date.
• Advocacy for reforms continues, but applicants should plan based on current rules and timelines.

Immediate Next Steps for Applicants

1. If you haven’t filed PERM yet: Work with your employer to start the process as soon as possible. The earlier you file, the better your place in the green card queue.
2. If your PERM is pending: Track your application status and keep records of your filing date. Remember, this is your priority date.
3. If your PERM is approved: Make sure your employer files the I-140 within 180 days. Consider premium processing if you want a faster decision.
4. If you’re waiting for your priority date to become current: Monitor the Visa Bulletin each month and maintain your current visa status.
5. If you’re considering changing employers: Consult with an immigration attorney to ensure you can retain your original priority date.

Conclusion

The confirmation that the PERM labor certification filing date is your priority date—not the I-140 approval date—brings much-needed clarity to the employment-based green card process. This date is the key factor in determining your place in line for a green card, especially for applicants from countries with long backlogs. By understanding this rule and acting early, both employers and applicants can better plan their immigration journey and avoid unnecessary delays.

For the most up-to-date information on priority dates and green card processing, always refer to official government resources and consult with experienced immigration professionals. This approach ensures you are following the latest rules and making informed decisions about your future in the United States 🇺🇸.

Learn Today

PERM labor certification → A Department of Labor process certifying no qualified U.S. worker is available for a job.
Priority date → The date the Department of Labor receives the PERM application, determining green card queue position.
I-140 petition → USCIS form filed by employers to confirm immigrant worker eligibility after PERM approval.
Adjustment of Status (Form I-485) → Process allowing applicants in the U.S. to change visa status to permanent resident.
Visa Bulletin → Monthly publication showing visa availability and current priority dates for green card applications.

This Article in a Nutshell

Starting July 2025, the PERM filing date sets your priority date for employment-based green cards. This clarifies delays won’t affect your place in line, ensuring better planning for applicants facing long visa backlogs such as India and China. Early PERM filing remains critical for faster permanent residency.
— By VisaVerge.com