PERM Filing Date or I-140 Approval: Clarifying Your Priority Date

For most workers on the employment-based green card path, the priority date becomes the single most important line on any approval notice. It decides when you can file your green card application and, in many cases, how long you’ll stay stuck waiting. Understanding how the priority date relates to your PERM filing and your I-140 approval helps you plan your career, travel, and family life with fewer surprises.

Step 1: PERM Labor Certification – Where the Priority Date Starts

For most EB-2 and EB-3 green card cases, the journey starts with the PERM labor certification. Your employer files Form ETA 9089 with the U.S. Department of Labor (DOL) to prove there are no able, willing, and qualified U.S. workers for your job at the required wage. You can see the official form and instructions on the DOL site for Form ETA 9089.

Your priority date is set on the day the PERM is filed with DOL. This is true even though you might not see any result for a long time. Think of the PERM filing date as the day you join a long queue for an immigrant visa number in your category and country.

As of August 2025, DOL analyst review for PERM is taking about 472 calendar days on average. That’s well over a year just for this first step. During this long wait:

• You don’t get any formal “priority date notice” yet.
• Your employer and lawyer track the PERM filing date as your priority date.
• You keep working in your nonimmigrant status (for example H‑1B or L‑1).

If the PERM is denied, the priority date tied to that filing dies with it. Your employer might be able to appeal or refile, but the original date does not help you unless the case is later approved.

Step 2: PERM Approval – A Deadline Starts Ticking

Once DOL approves the PERM, the case moves from the Labor Department to U.S. Citizenship and Immigration Services (USCIS). At this point, a 180‑day clock starts running.

Your sponsoring employer has 180 days from the PERM approval date to file the Form I‑140, Immigrant Petition for Alien Worker with USCIS. The official USCIS page for this petition is here: Form I‑140, Immigrant Petition for Alien Worker.

If the I‑140 is not filed within those 180 days:

• The PERM approval expires.
• Your priority date becomes invalid.
• Your employer would need to start a new PERM process if they still want to sponsor you.
• You lose the original place in line you gained from that first PERM filing.

This is why many lawyers treat the 180‑day period as a “do not miss” window. Stay in close contact with your employer and attorney after PERM approval to confirm the I‑140 is filed on time.

Important: Missing the 180‑day filing window can cost you years of waiting by eliminating the priority date tied to that PERM.

Step 3: Filing the I‑140 – Turning a Tentative Date into a Real Asset

When your employer files the I‑140, they tell USCIS:

• The job described in the PERM is still available.
• They can pay the offered wage.
• You meet the education and experience requirements.

At this stage, your priority date is still tied to the original PERM filing date, but it’s considered tentative. It’s your place in line, but it’s not yet permanently yours.

According to USCIS data for FY 2025, I‑140 petitions are taking an average of 8.1 months without premium processing. This can feel like another long stretch of waiting, especially if your priority date is getting close to being current under the Visa Bulletin.

While the I‑140 is pending:

• You can usually extend certain work visas (like H‑1B) beyond their normal limits in some situations.
• You cannot file your I‑485 adjustment of status based on that I‑140 unless and until USCIS approves it (with limited exceptions for concurrent filing when the date is already current).
• Your priority date can still be lost if the I‑140 is denied and not successfully appealed.

Step 4: I‑140 Approval – When the Priority Date Locks In

The big turning point happens when USCIS approves your I‑140. At that moment, your priority date:

• Becomes permanently secured and “locked in”, and
• Can be kept for life for employment-based immigrant cases, even if this particular job offer ends.

Once the I‑140 is approved:

• Your employer can later withdraw the petition.
• USCIS can sometimes revoke it for certain reasons.

But in most normal job-change situations, you keep the priority date. It becomes a portable benefit you can carry to a new employer if they start a fresh PERM and I‑140 for you. VisaVerge.com reports that many skilled workers see this locked priority date as their most important immigration asset, since it can save several years of waiting if they ever change jobs.

Step 5: Changing Employers After Your Priority Date Is Locked

After I‑140 approval, if you move to a new company that’s willing to sponsor you:

1. The new employer files a new PERM (Form ETA 9089) for the new role.
2. After PERM approval, they file a new I‑140.
3. On that new I‑140, they request to keep your old priority date from the first PERM filing.

As long as the earlier I‑140 was genuinely approved and not revoked for fraud or similar serious issues, USCIS normally allows you to retain that original priority date.

This can have huge real-life effects:

• If the Visa Bulletin date for your category and country is close to your first priority date, you might be able to file your green card application soon after the new I‑140 is approved.
• Without that old date, you would drop to the back of the line and lose years of waiting time.

Step 6: Watching the Visa Bulletin and Planning the Next Move

Even after your priority date is locked, you still have to wait for your turn. The U.S. Department of State publishes the monthly Visa Bulletin, which shows which priority dates are “current” for each employment-based category and country. You can track it on the official page: Visa Bulletin.

When your priority date becomes current, you can usually:

• File Form I‑485 (adjustment of status) inside the United States 🇺🇸 if you qualify, or
• Finish consular processing at a U.S. embassy or consulate abroad.

Until that date is current, you stay in temporary status (such as H‑1B, L‑1, or others), relying on extensions and careful timing.

Quick Timeline Summary (Typical Averages)

What Applicants Should Do at Each Stage

To protect your place in line, stay organized and informed. At each stage:

During PERM:

• Keep a record of your PERM filing date; this is your initial priority date.
• Confirm with your employer that they’ve correctly filed the Form ETA 9089.
• Be patient with the 472‑day average review time, but ask your lawyer for updates every few months.

After PERM approval:

• Write down the PERM approval date.
• Ask your employer for written confirmation of the I‑140 filing date.
• Make sure they know about the 180‑day deadline so it’s not missed.

While I‑140 is pending:

• Track USCIS processing times and consider premium processing if time-sensitive.
• Keep your underlying status legal; don’t rely on future approvals.
• Save all USCIS receipts and notices.

After I‑140 approval:

• Store the I‑140 approval notice safely; it shows your priority date and category.
• Ask your lawyer to explain how that date compares to the current Visa Bulletin.
• Before changing jobs, confirm with an immigration attorney how the move could affect your ability to keep the priority date.

Key takeaway: Document dates, keep lines of communication open with your employer and attorney, and act before deadlines (especially the 180‑day PERM→I‑140 window).

Common Misunderstandings About Priority Dates

• Many workers think the priority date is created when USCIS approves the I‑140. That’s not correct. The I‑140 approval locks in the date, but the date itself comes from the PERM filing.
• Another misunderstanding is that you lose your priority date if your first employer withdraws the I‑140. In normal cases, once an I‑140 has been approved, the priority date remains yours, even after withdrawal, as long as USCIS did not revoke it for fraud or major error.
• People sometimes assume that once the priority date is current, they can always file the I‑485 even if the I‑140 is still pending. In reality, you usually need the I‑140 approved to fully move ahead, unless USCIS allows concurrent filing in that specific month and you qualify for it.

Why Timing and Communication Matter So Much

Because PERM processing averages 472 days and I‑140s take about 8.1 months in FY 2025, a single missed deadline or misstep can easily cost you years. The 180‑day window after PERM approval and the difference between a tentative and locked priority date might sound technical, but they control real-life plans: whether your child will age out, whether you can safely switch jobs, or when you can finally file for a green card.

Checking official sources like USCIS’s I‑140 page, the DOL PERM form page, and the monthly Visa Bulletin regularly, and staying in close touch with your employer and attorney, helps you protect that all‑important priority date from the day your PERM is filed until the day you receive your green card.