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The usual employer-sponsored U.S. green-card route has three separate decisions: the Department of Labor (DOL) labor-certification process (PERM), U.S. Citizenship and Immigration Services (USCIS) adjudication of Form I-140, and then immigrant-visa or adjustment-of-status processing when a visa is available. The employer—not the employee—handles the PERM filing. An approved I-140 is not a green card and does not by itself create unrestricted permission to change jobs.
What PERM and I-140 each do
PERM, formally permanent labor certification, is generally the employer’s first step for the standard employer-sponsored route. DOL evaluates whether the proposed permanent job can be offered under the required labor-market conditions. The employer must identify a real, permanent, full-time opportunity, determine its actual minimum requirements and duties, obtain the required wage determination, complete the applicable recruitment and notice steps, and submit ETA-9089.
Form I-140 is a separate immigrant petition filed with USCIS after DOL certifies the labor certification. USCIS decides whether the employer qualifies to sponsor the worker under the requested employment-based classification and whether the employer has the required ability to pay the offered wage. The I-140 approval establishes an approved petition; it does not itself grant permanent residence.
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1Clear out junk files and repair common Windows errors2Fix the driver behind crashes, sound loss and screen glitches3Repair Windows errors before they cause bigger problems| Stage | Who files or decides | What it establishes | What must happen next |
|---|---|---|---|
| PERM labor certification | Employer files with DOL | Labor-market conditions for the permanent job, including recruitment and wage compliance | Employer submits the certified ETA-9089 with Form I-140 within the certification’s validity period |
| Form I-140 | Employer files; USCIS adjudicates | Approval of the employment-based immigrant petition and the employer’s eligibility under the requested classification | Beneficiary proceeds to immigrant-visa processing or adjustment of status when eligible |
| Immigrant visa or adjustment of status | Department of State or USCIS, depending on the process | Final application for permanent residence, subject to visa availability and the applicant’s circumstances | Issuance of an immigrant visa or approval of adjustment creates permanent-resident status |
The standard PERM route does not apply identically to every employment-based category. Schedule A occupations, special handling for certain university teachers, professional athletes, national interest waivers, extraordinary-ability cases, and other categories can use different requirements or bypass PERM altogether. The employer and worker should identify the correct category before starting recruitment.
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Step 1: Define the permanent job opportunity
The employer first describes the job that will be permanently available in the United States. The description must reflect the actual duties and the minimum requirements the employer will accept for that role—not qualifications added merely to fit a particular worker. The work must be permanent and full-time for the standard PERM process.
Occupation classification changes the recruitment path
DOL distinguishes professional and nonprofessional occupations, and the recruitment obligations differ. A job that requires a bachelor’s degree or otherwise falls within the regulatory professional definition may require the professional recruitment route. Nonprofessional positions follow a different set of required steps. University teachers selected through a competitive recruitment process and professional athletes have special rules, so a generic checklist can be misleading.
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Keep the job, requirements and wage consistent
The duties, minimum education and experience, special skills, work location and other requirements used for the wage determination, recruitment and ETA-9089 should describe the same opportunity. Material inconsistencies can create questions about whether the employer tested the labor market for the job actually being offered.
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Before filing PERM, the employer must obtain a prevailing wage determination (PWD) from DOL’s National Prevailing Wage Center. The PWD is tied to the occupation and the area of intended employment. It provides the wage level the employer must be prepared to offer for the position under the applicable methodology.
The employer’s requirements and the wage information must match the job opportunity. A change in duties, minimum qualifications, location or other material facts may require reviewing whether the PWD still corresponds to the position that will be recruited and filed.
Why the wage stage matters again at I-140
The PWD is part of the PERM labor-market process, while USCIS separately examines the employer’s ability to pay the offered wage under the I-140 rules. These are related but distinct questions: DOL sets the prevailing-wage framework for the job, and USCIS evaluates whether the petitioning employer can pay the offered wage from the priority date onward.
Step 3: Complete recruitment and notice requirements
After addressing the wage requirement, the employer conducts the recruitment required for the occupation and regulatory route. The exact steps depend on whether the position is professional or nonprofessional and on any applicable special rule. The employer must also satisfy the notice-of-filing requirements that apply to the workplace and the job.
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Professional occupations generally require a more extensive set of recruitment activities than nonprofessional occupations. The employer should use the current ETA-9089 instructions and DOL’s current PERM guidance to identify which activities, timing rules and documentation apply. Do not assume that an advertisement pattern used for one occupation can be reused for another.
What the employer should preserve
- The final job description and minimum requirements.
- The prevailing wage determination and the facts used to obtain it.
- Copies of advertisements, postings, notices and other recruitment records required for the route.
- Dates, locations and content of each recruitment activity.
- Applications received and the lawful, job-related reasons for rejecting U.S. workers.
- Evidence that the notice-of-filing requirement was completed as required.
DOL can require the employer to document that the recruitment was genuine and that any rejection of U.S. applicants was based on lawful, job-related criteria. The employer should retain the supporting file even though the worker is the intended beneficiary.
Step 4: File ETA-9089 with DOL
The employer files the PERM labor-certification application, Form ETA-9089, with DOL. DOL expressly places responsibility for filing on the employer, not the employee. The worker can supply information and review the proposed case, but the employer is the filing party.
In the standard PERM route, the date DOL receives the labor-certification application becomes the filing date used as the priority date by USCIS and the Department of State. That date is important for tracking a visa queue, but it is not a visa number, an I-140 approval or a grant of permanent residence.
What DOL is deciding
DOL’s labor-market test asks whether there are sufficient able, willing, qualified and available U.S. workers for the job and whether employing the foreign worker would adversely affect the wages and working conditions of similarly employed U.S. workers. Certification means DOL has certified the labor-market conditions for that specific opportunity; it does not decide the worker’s ultimate eligibility for a green card.
Step 5: File the certified labor certification with Form I-140
Once DOL certifies ETA-9089, the employer files Form I-140 with USCIS and submits the certified labor certification as supporting evidence. DOL states that the certification has a 180-day validity period and expires if it is not submitted to USCIS within those 180 days. Missing that deadline can require addressing the case again rather than simply sending an expired certification.
USCIS reviews the employment-based petition
USCIS adjudicates the requested employment-based immigrant classification and the evidence supporting the petition. The employer must show that it is a qualifying petitioner, that the offered position and beneficiary meet the classification requirements, and that the labor certification corresponds to the petition.
Ability to pay the offered wage
For a PERM-based I-140, the employer must establish its ability to pay the offered wage from the priority date onward. USCIS administrative decisions identify annual reports, federal tax returns and audited financial statements as regulatory evidence, while other evidence may be appropriate in a particular case. The evidence is evaluated under the governing regulations and the facts of the employer’s case; an I-140 filing is not automatically sufficient merely because PERM was certified.
Step 6: Wait for visa availability and complete the final stage
After I-140 approval, the beneficiary still must complete either immigrant-visa processing through the Department of State or adjustment of status through USCIS, depending on eligibility and location. A numerically limited employment-based category can require waiting until the priority date is current under the applicable Visa Bulletin and USCIS filing instructions.
Priority date versus visa availability
The PERM filing date generally supplies the priority date in this route. The priority date is a place in the visa queue, not a promise that a visa number is immediately available. Visa-bulletin movement depends on the employment category and the beneficiary’s chargeability area. The current bulletin and USCIS instructions must be checked when deciding whether an adjustment application or immigrant-visa case can be filed.
Adjustment of status and immigrant visa are different procedures
A person eligible to adjust status in the United States files the required application with USCIS when a visa is available and the applicable filing chart permits it. A person processing abroad follows the immigrant-visa process through the Department of State and the assigned consular post. The correct path depends on factors such as the beneficiary’s location, immigration history and admissibility.
Can the worker change jobs after I-140 approval?
An approved I-140 alone should not be described as unrestricted permission to change employers. USCIS portability rules can protect certain employment-based adjustment applicants whose Form I-485 has been pending for at least 180 days and whose new, full-time job is in the same or a similar occupational classification. The requirements are specific, and portability is tied to the adjustment case and applicable filings—not simply to having an approved I-140.
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Before changing jobs, the worker and employers should evaluate whether an adjustment application has been filed, how long it has been pending, whether the new position is sufficiently similar, and whether any required portability documentation must be submitted. A case involving a withdrawn petition, a different occupation or an unavailable visa may produce a different result.
How long does the process take?
There is no single reliable combined timeline for PERM, I-140 and the final permanent-residence stage. DOL and USCIS processing times change, and visa-number availability can add a separate wait after petition approval. Check DOL’s current PERM processing-time information and USCIS’s processing-time tool for the relevant form and office, then review the Department of State Visa Bulletin for the category and chargeability area.
Agency processing time and visa availability measure different delays. A case can have a certified PERM and an approved I-140 but still be unable to file the final application because the priority date is not current.
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Treating the employee as the PERM filer
The employer is responsible for the PERM application. The worker should verify that the employer is using the correct occupation, requirements and recruitment route, but should not assume that submitting a personal application starts PERM.
Using one recruitment checklist for every job
Professional, nonprofessional and special occupations do not all use the same recruitment rules. Confirm the route before placing advertisements or notices and preserve evidence of each required activity.
Letting the certification expire
The certified ETA-9089 must be filed in support of the I-140 within 180 days. Calendar the deadline when certification is issued and coordinate the petition package early enough to resolve missing evidence.
Confusing approval with a green card
PERM certification addresses the labor market. I-140 approval addresses the immigrant petition. Permanent residence requires the later immigrant-visa or adjustment process, plus visa availability where the category is numerically limited.
Assuming an old form edition is current
A search result for an ETA-9089 PDF identified a June 1, 2023 form edition with an Office of Management and Budget expiration date of October 31, 2025. That document should not be treated as the current filing form without checking DOL’s current forms and FLAG filing instructions.
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Policy and form changes to verify before filing
On March 26, 2026, DOL announced a proposed rule to revise prevailing-wage methodology for PERM and certain other visa programs. The announcement described a proposal and a comment period; it did not establish that a final rule had taken effect. Employers should use the prevailing-wage methodology currently in force on the filing date and verify whether a final rule or transition provision has been issued.
Current filing locations, online procedures, form editions, fees, processing times and Visa Bulletin dates can change. Before taking action, confirm the instructions on the current DOL, USCIS and Department of State pages, and obtain individualized immigration advice for unusual recruitment facts, a request for evidence, ability-to-pay questions or a possible job change.
Quick Recap
A practical case checklist
- Confirm that the job is a permanent, full-time U.S. position and identify its actual minimum requirements and duties.
- Determine whether the occupation is professional, nonprofessional or subject to a special recruitment rule.
- Obtain the NPWC prevailing wage determination for the occupation and area of intended employment.
- Complete the required recruitment and notice steps for that route and retain the supporting records.
- File ETA-9089 with DOL through the current filing system and record the DOL receipt date as the expected priority date.
- After certification, prepare and file Form I-140 with the certified ETA-9089 before the 180-day validity period ends.
- Assemble evidence addressing the employer’s ability to pay the offered wage from the priority date onward.
- Track the Visa Bulletin and USCIS filing instructions for the employment category and chargeability area.
- Choose immigrant-visa processing or adjustment of status when the beneficiary is eligible.
- Before any employment change, test the facts against the specific portability rules rather than relying on I-140 approval alone.
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