PERM Labor Certification vs. I-140: What Each Step Does

Updated 11 November 2026 · Standard formula, shown below

PERM labor certification and the I-140 immigrant petition are separate steps in many employer-sponsored U.S. green card cases: PERM, when required, tests the U.S. labor market for a particular job, while the I-140 asks U.S. Citizenship and Immigration Services (USCIS) to classify the worker for an employment-based immigrant visa. In short, PERM addresses the job and recruitment; the I-140 addresses the employer’s petition, the worker’s qualifications, and the requested immigrant classification.

Where PERM and I-140 fit in the process

For many employment-based cases, the sequence is PERM first, then the I-140, followed—when a visa is available—by either an application to adjust status in the United States or an immigrant visa application at a U.S. consulate. These steps serve different purposes and are handled by different agencies: the U.S. Department of Labor (DOL) processes PERM labor certification applications, while USCIS adjudicates I-140 petitions.

Not every employment-based green card route requires PERM. Some classifications, including certain extraordinary-ability and national-interest-waiver cases, may allow a petition without an employer-sponsored PERM application. The applicable category and the facts of the case determine the route.

What PERM labor certification does

PERM is the DOL’s labor certification process for a sponsoring employer seeking to hire a foreign worker permanently in a particular job. The employer generally must establish that it tested the relevant U.S. labor market through required recruitment and that there are not sufficient able, willing, qualified, and available U.S. workers for the job. It must also offer at least the prevailing wage determined for the position and meet applicable recruitment and recordkeeping rules.

The employer—not the worker—files the PERM application, generally using Form ETA-9089. Before filing, it develops the job requirements, obtains a prevailing wage determination, and completes the required recruitment steps. Recruitment requirements vary with the type of job; professional and nonprofessional positions do not follow identical procedures. The employer must follow the rules for the particular case rather than assume that one advertisement or a general hiring effort is enough.

PERM is not a general approval of a worker’s immigration eligibility. It relates to a specific employer, job opportunity, work location, and set of requirements. For example, a software company sponsoring a worker for a permanent software engineering position would need to define the position and its legitimate minimum requirements, conduct the prescribed recruitment, and document the result. A PERM approval does not itself grant a visa, permanent residence, or permission to work.

What the I-140 petition does

After an approved PERM, when PERM is required, the employer may file Form I-140, Immigrant Petition for Alien Workers, with USCIS. The petition asks USCIS to approve the worker under a specific employment-based immigrant classification. USCIS reviews matters such as whether the job and category qualify, whether the worker meets the category’s requirements, and whether the employer can pay the offered wage from the relevant point in time, subject to the rules and evidence applicable to the case.

The evidence depends on the classification. In a PERM-based case, the filing typically includes the approved labor certification and documentation supporting the petition. The worker may need to provide evidence of education, experience, or other qualifications required for the position. The employer’s financial evidence may also be relevant to its ability to pay. USCIS can approve, deny, or issue a request for evidence or other notice seeking additional information.

An approved I-140 is not a green card and does not by itself authorize the worker to start a job or remain in the United States. It establishes approval of the immigrant petition and classification, but the worker still needs to complete the final immigration step when eligible.

What happens after I-140 approval

Employment-based immigrant visas are subject to annual limits and category- and country-based availability rules. The U.S. Department of State’s Visa Bulletin shows when applicants may proceed, using the relevant priority date and category. In a PERM-based case, the priority date is generally the date DOL accepted the PERM application for processing. Cases that do not require PERM have different priority-date rules.

When the priority date is eligible under the rules that apply, the worker may be able to apply for adjustment of status with USCIS if otherwise eligible and in the United States, or pursue consular processing abroad. Visa availability can change, and filing eligibility is not always the same as final visa availability. The I-140 approval alone does not settle those questions.

Key differences at a glance

Agency: DOL handles PERM; USCIS adjudicates the I-140.
Main question: PERM examines the labor-market test and job offer; the I-140 examines the immigrant classification, worker qualifications, and employer petition requirements.
Who files: The sponsoring employer handles PERM and generally files the I-140 in an employer-sponsored case. Some I-140 categories allow self-petitioning.
Order: If PERM is required, it normally must be certified before the employer files the I-140 based on it.
Result: PERM certification is a labor-market certification, not immigration status. I-140 approval is an approved immigrant petition, not permanent residence.

A common misconception is that PERM approval guarantees the I-140 will be approved. It does not: USCIS separately reviews the petition and its evidence. Similarly, an approved I-140 does not guarantee an immediately available visa number or approval of the final green card application.

Timing, changes, and common complications

Processing times vary by agency, workload, case details, and whether additional review is needed. Recruitment, preparation, and any audit or evidence request can add time; there is no reliable universal timeline. Employers and workers should check current agency processing information and case notices rather than rely on estimates from unrelated cases.

Changes to the job, employer, work location, or minimum requirements can matter because PERM is tied to a particular opportunity. A substantial change may require a new labor certification or other review. If the employer withdraws the petition or the worker changes jobs, the effect depends on the stage of the case and the applicable portability rules. In some circumstances, an I-140 that has been approved for at least 180 days can remain approved for certain purposes despite withdrawal, but that does not automatically preserve every benefit or authorize a job change. Case-specific advice is important before making a move.

Employers also need to maintain required recruitment records and make sure the petition evidence is consistent with the PERM filing. Differences in job duties, wages, qualifications, or work locations can raise questions. Workers should keep copies of relevant filings and approval notices and promptly flag errors, while avoiding assumptions that a notice means every later stage is complete.

Frequently Asked Questions

Can I file an I-140 without PERM?
Yes, if the employment-based category does not require labor certification. Certain classifications and some national interest waiver cases may be filed without PERM. The category’s rules determine whether it is available.

Does PERM approval give me a green card?
No. PERM is a DOL labor certification for a specific job opportunity. The employer generally must then obtain I-140 approval, and the worker must complete the final immigrant visa or adjustment-of-status process when eligible.

Does I-140 approval let me work in the United States?
No. An approved I-140 is not, by itself, work authorization or lawful immigration status. Separate rules and documents govern a person’s ability to work and remain in the country.

Who pays for PERM?
The employer is responsible for required PERM-related costs, including recruitment expenses, and cannot shift prohibited costs to the worker. Other immigration filing expenses may be governed by different rules, so the parties should distinguish PERM costs from later petition or application costs.

Can I change employers after I-140 approval?
Possibly, but approval does not make every job change automatic. The effect depends on the case stage, how long the I-140 has been approved, whether an adjustment application is pending and eligible for portability, and whether the new job meets the applicable requirements.

Which step sets the priority date?
For most PERM-based cases, it is the date DOL accepts the labor certification application for processing. For cases that do not require PERM, a different filing date may control. The priority date is important for tracking visa availability, but it does not itself grant immigration status.

Method: the standard formula for this calculation, rounded as each result states. See how the calculators work or report an error.