What Happens After PERM Approval?

What Happens After PERM Approval?

For employers and prospective employees engaged in the employment-based green card process, PERM approval is a significant milestone. It is not the finish line, however. Rather, it enables the continuation of the journey toward a filled position and U.S. permanent residency.

After PERM approval, the employment-based immigration process continues through several more phases:

1. Filing the immigrant petition (Form I-140)
2. Managing the priority date and visa availability
3. Adjusting status or completing consular processing
4. Beginning work as a lawful permanent resident

Our team at Hussain, Bendersky & Liston LLC regularly guides clients through this process, from applying for PERM to maintaining compliance with government standards as a permanent resident. If your PERM application was approved, here are the next steps you’ll need to complete.

Next Steps After PERM Is Approved

Filing the Immigrant Petition (Form I-140)

Once the Department of Labor approves the PERM labor certification, the employer can file Form I-140, Immigrant Petition for Alien Workers, with U.S. Citizenship and Immigration Services (USCIS). This petition is used to formally classify the foreign national as eligible for an employment-based immigrant visa.

Key points to know about this step:

• The I-140 must be filed with the PERM Certification within the 180-day validity period of the PERM approval.
• Supporting documentation must demonstrate the employer’s ability to pay the offered wage and the employee’s qualifications for the role.
• Processing currently takes a few months on average, but premium processing (Form I-907) is available for faster adjudication.

Immigration attorneys can guide employers and employees through every detail of the I-140 filing to ensure accuracy and completeness from the start.

Managing Your Priority Date and Visa Availability

After Form I-140 is approved, your wait time depends on your priority date (the date USCIS received your PERM application), your visa category, and your country of birth. The Department of State publishes a monthly Visa Bulletin showing which priority dates are currently eligible to receive a visa. Some of these are shown by country, as applicants born in countries with high demand, such as India or China, often face multi-year waits due to the high volume of applications. This means that patiently monitoring the Visa Bulletin each month to determine your eligibility is essential.

Adjusting Status or Completing Consular Processing

Once a visa number becomes available, the foreign national may apply for a green card through one of two pathways:

• Adjustment of Status — Available to those already in the United States, it allows the applicant to remain in the U.S. while the case is pending.
• Consular Processing — Required for those outside the United States, this is conducted through a U.S. embassy or consulate abroad and involves a formal immigrant visa interview.

Both pathways have distinct timelines and documentation requirements but, when approved, result in a green card. The right option will depend on the applicant’s current immigration status, location, and individual circumstances.

Timeline Expectations and Potential Delays

The total timeline from PERM approval to green card issuance varies considerably. Several factors influence how long the process takes:

• Visa category: EB-2 and EB-3 categories have different wait times
• Country of birth: Significant backlogs exist for nationals of certain high-demand countries
• USCIS processing times: These fluctuate and can extend timelines unexpectedly
• Requests for Evidence (RFEs): An RFE from USCIS can add weeks or months to the process
• Government delays: Policy changes or agency backlogs can impact all stages

Realistic planning can help you set more accurate timelines. Working with experienced immigration counsel helps you anticipate obstacles and respond to them effectively.

Helping You Take the Next Steps With Confidence

PERM approval opens the door, but navigating the remaining steps to an employment-based green card requires strategic guidance and careful attention to detail. At Hussain, Bendersky & Liston LLC, our team is committed to supporting you through every stage of the employment-based immigration process, from I-140 filing through final green card approval.

Contact us today to schedule a consultation and learn how we can help you keep your application moving forward.