File I-140 Immediately After PERM Approval to Preserve Priority Date

When your PERM labor certification is approved, the clock starts ticking. You do not need to wait any fixed time to file your I-140 petition. Instead, you should file as soon as possible, and no later than 180 days (6 months) after PERM approval. If you miss that 180‑day window, the PERM certification expires and you lose the benefit of that PERM approval and the linked priority date.

How PERM, I-140, and the Priority Date Fit Together

In an employment-based green card case that uses PERM:

• The employer first files a PERM labor certification with the Department of Labor (DOL) using ETA Form 9089.
• The priority date is set on the date the PERM application is filed with DOL.
• Once DOL issues PERM approval, the employer can file Form I-140, Immigrant Petition for Alien Worker with USCIS.

That priority date later decides when you can file your green card application (Form I‑485 or consular processing), based on the monthly Visa Bulletin. According to analysis by VisaVerge.com, once the I-140 petition is approved, your priority date is generally kept for life, even if you change employers and file new employment-based cases later, as long as USCIS doesn’t revoke the I‑140 for fraud or similar reasons.

Because of this, two things matter a lot after PERM approval:

1. Filing the I-140 petition before the 180‑day PERM expiration, and
2. Locking in and keeping that priority date.

Step 1: The First Weeks After PERM Approval (Days 0–30)

From the day of PERM approval, you and your employer should move quickly. There is no waiting period required by law. USCIS allows the I‑140 to be filed immediately after the PERM is certified.

Typical actions in the first few weeks:

• Employer confirms sponsorship: The company decides it will move ahead and pay required costs tied to the PERM and I‑140 stages.
• Collect evidence for the I‑140 petition, such as:
  • Your experience letters
  • Degree certificates and transcripts
  • License or registration documents, if needed
  • Your passport bio page
• Employer gathers financial proof, like tax returns or annual reports, to show it can pay the offered wage.

Because the PERM approval is valid only 180 days, employers who wait too long to gather documents risk running out of time.

Important: There is no mandatory waiting period — filing can (and often should) happen immediately. Earlier filing reduces the risk of missing the 180‑day deadline.

Step 2: Filing the I-140 Petition Before Day 180

Your employer must file the I-140 petition with USCIS within 180 days of the PERM approval date. USCIS will require:

• The original or electronic PERM approval from DOL
• A properly signed Form I-140
• Filing fee (and premium processing fee if chosen)
• Evidence that:
  • You meet the job requirements listed on the PERM
  • The employer can pay the proffered wage from the PERM filing date onward

There is no rule saying you must wait 30, 60, or 90 days after PERM approval. The only real legal deadline is before day 180. Filing on day 10 is just as acceptable as filing on day 170, but earlier is safer. If the I‑140 reaches USCIS after day 180, the PERM is no longer valid and USCIS will not approve that petition.

For more background on employment-based green cards, USCIS gives a clear overview on its employment-based green card eligibility page.

Step 3: I-140 Processing Times – Regular vs Premium

Once the I-140 petition is filed, USCIS takes over. Current typical processing times under regular processing are around 6 to 9 months, though this can vary by service center and case type.

Many employers choose premium processing, which:

• Costs an extra $2,500
• Promises a response from USCIS within 15 calendar days
• The response can be an approval, denial, or a Request for Evidence (RFE)

Premium processing does not change how strong your case is; it only speeds up the timeline. It can help if:

• Your H‑1B status is close to its maximum and you need an approved I‑140 to request extensions beyond six years
• You want to plan travel or job moves with more certainty
• The employer needs a quick answer for staffing reasons

You can track processing times on the USCIS website once you receive the receipt notice for the I‑140.

Step 4: What Your Priority Date Means Long-Term

The priority date is one of the most important parts of the whole process:

• It is set on the date your PERM (ETA Form 9089) was filed with DOL.
• Once USCIS approves the I-140 petition, that priority date is usually kept for you forever.
• If you later move to a new employer that files a new PERM and I‑140, you can often keep using the earlier priority date, which can save you years of waiting in backlogged categories.

This retention is especially important for workers from countries with high demand, where visa lines can stretch for many years. If you never get to an approved I‑140, you don’t gain this long-term protection for your priority date.

Common Timing Risks After PERM Approval

Because the PERM stage already takes a long time (often 12 to 16 months or more including recruitment and DOL processing), it’s tempting for some employers to slow down once they reach PERM approval. That can be a serious mistake. Common problems include:

• Waiting too long to start I‑140 preparation
  • Delays in collecting documents or reviewing company finances can eat into the 180‑day window.
• Assuming the lawyer or employer is “taking care of it”
  • Workers sometimes assume the case is moving when, in fact, nothing has been filed. It’s reasonable to ask your employer or attorney directly, “Has my I‑140 been filed yet? Do we have the receipt notice?”
• Misreading the 180‑day rule
  • The 180 days run from the PERM approval date, not from when you receive the notice or when HR forwards it to you.
• Thinking the priority date is safe without an approved I‑140
  • The date is set at PERM filing, but it becomes truly portable only after I‑140 approval.

Avoiding these errors usually comes down to early planning and clear communication with your employer and lawyer.

Warning: If your I‑140 is filed after day 180, the PERM is expired and USCIS will not approve that petition — you will lose that PERM and the linked priority date.

Practical Planning Tips for Workers and Employers

To make the most of your PERM approval and protect your priority date:

• Aim to have I‑140 documents ready so the petition can be filed within a few weeks of PERM approval, not at the last minute.
• Mark the 180‑day expiration date in a shared calendar so no one loses track.
• Consider premium processing if faster approval will help with H‑1B extensions or personal planning.
• Keep copies of your PERM approval, I‑140 receipt, and approval notices for your records; they will matter for future cases and any later green card steps.

Quick Reference: Timeline Summary

The PERM stage is long and often stressful, but once you have PERM approval, fast and careful action on the I-140 petition is what turns that approval into a lasting priority date and a real path toward permanent residence.