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If your employer says your green card sponsorship is paused, first find out exactly which filing stage is affected and whether anything has already been filed. Ask for the form, filing date, receipt or case number, agency notices, and every deadline. A delay while a case is being prepared is different from a pending PERM, an approved PERM nearing its 180-day deadline, a pending I-140, or an I-485 that may implicate limited job-portability rules. Do not resign, change employers, or let your current immigration status lapse based only on a verbal update; get advice based on your documents and dates.
Start with a written case inventory
“Employer filing” is not one filing. In a typical PERM-based employment case, the employer may be preparing the case, waiting for a prevailing wage determination, waiting for the Department of Labor (DOL) to decide a PERM labor-certification application, holding a certified PERM, waiting for U.S. Citizenship and Immigration Services (USCIS) to decide an I-140 immigrant petition, or dealing with a pending I-485 adjustment application.
Send the employer or its immigration counsel a focused request for records. Ask for:
- The exact stage and whether the case is paused, actively pending, withdrawn, or simply waiting for an internal decision.
- The form or application involved: prevailing wage request, PERM, I-140, I-485, or another filing.
- Filing and approval dates, receipt numbers, case numbers, and copies of agency notices.
- Any request for evidence, audit, supervised recruitment notice, response deadline, or expiration date.
- Whether the employer still intends to employ you in the sponsored role and who is authorized to make the next filing decision.
Requesting this information is not the same as demanding that the company continue sponsorship. It gives you the facts needed to evaluate timing, status, and options.
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Identify the stage before judging the delay
| Stage | What may be happening | What to confirm now |
|---|---|---|
| Case preparation | The employer and counsel are gathering job, wage, recruitment, or employee information; nothing may yet be filed. | Whether any agency filing exists, who is responsible for the next step, and whether an internal pause has a review date. |
| Prevailing wage determination | The employer is waiting for DOL to issue the wage determination needed for the PERM process. | The request date, case identifier, and whether counsel is waiting for DOL or for company approval. |
| PERM pending | DOL is reviewing the labor-certification application or has placed it in another process such as an audit. | The PERM filing date, case number, current DOL status, and any response deadline. |
| PERM certified | DOL has certified the labor certification, but the employer must submit the immigrant petition to USCIS within the certification’s validity period. | The certification date, the 180-day expiration date, and whether the I-140 was filed. |
| I-140 pending | USCIS has received the employment-based immigrant petition and has not yet issued a decision. | The I-140 receipt notice, preference category, priority date, service center or office, and any USCIS request for evidence. |
| I-485 pending | The employee has filed for adjustment of status and is waiting for USCIS processing, often alongside employment authorization or advance-parole applications. | The I-485 receipt, category, priority date, office handling the case, biometrics or interview notices, and work- or travel-document validity. |
A company’s statement that “the green card is on hold” does not tell you which row applies. The legal and practical consequences can be completely different.
How to check whether a PERM delay is unusual
Use the DOL queue as a population-level indicator
The DOL’s October 5, 2026 report displayed the PERM analyst-review queue at December 2025. The same report showed an average of 336 calendar days for analyst-review determinations in August 2026, attributed to the U.S. Department of Labor, 2026. That is an average across cases, not a prediction or promise for your application. Individual applications can take more or less time.
Compare your PERM filing month with the current month shown in DOL’s live processing information. If your case is more than three months older than the month posted for analyst review, DOL says the employer may contact the OFLC PERM Helpdesk for status. The employer or its immigration counsel should make that comparison and contact, because they hold the filing records and can answer case-specific questions.
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Separate a government queue from an employer pause
If your filing month is within the published queue, the delay may be ordinary agency processing rather than a suspension by the employer. If the employer has not filed PERM, a long DOL queue cannot explain the delay: the case may still be waiting for an internal decision, a prevailing wage determination, recruitment, or document collection. Ask for the filing receipt before relying on any agency estimate.
Protect a certified PERM deadline
DOL states that a certified PERM labor certification is valid for 180 days for submission to USCIS. Certification does not by itself complete the green card process. Ask for the certification date, calculate the 180-day filing window, and confirm whether the employer submitted the I-140 before that period ended.
If the employer says the case is paused after certification, ask in writing whether the certification remains usable, whether an I-140 was filed, and what action is planned before the deadline. Do not assume that a certified PERM can be held indefinitely or transferred to a different employer.
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Check an I-140 or I-485 against USCIS’s current information
Use the exact form, category, and office
USCIS processing times are not one national number. Select the actual form, employment-based category, and office or service center shown on the receipt. USCIS describes its posted time as the elapsed time in which it completed 80% of adjudicated cases during the preceding six months. It is an estimate based on completed cases, not a guaranteed decision date.
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Record the “case inquiry date” displayed by USCIS. If your receipt date is earlier than that date, use the current USCIS case-inquiry tool or ask counsel to submit the inquiry. Interfaces and criteria can change, so check the live USCIS page rather than relying on an old screenshot or a forum post.
Read notices, not just online status text
A generic online status such as “case is being actively reviewed” does not reveal whether USCIS needs more evidence, has transferred the case, or is waiting for visa availability. Keep every receipt, transfer notice, request for evidence, interview notice, and approval or denial notice. Give counsel the complete notice history before asking whether a delay is routine.
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Understand job changes and AC21 portability
Changing employers is not automatically protected because sponsorship has been delayed. USCIS describes a narrow portability provision under the American Competitiveness in the Twenty-First Century Act (AC21) for certain adjustment applicants. In general, the person must have an approved employment-based I-140 and an I-485 that has been pending for at least 180 days; the new job must be in the same or a similar occupational classification, and other conditions apply.
That rule is not a general cure for an employer pause. It generally does not protect someone whose case is still only at the preparation, prevailing-wage, PERM, or unapproved-I-140 stage. Even when the timing appears favorable, the new position, underlying petition, priority date, and adjustment history must be reviewed together. Obtain individualized advice before accepting a new role, changing job duties, or notifying USCIS.
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A pending or delayed green card case does not, by itself, answer whether you may continue working or remain in the United States. Your nonimmigrant status, approval notice, I-94 record, work authorization, passport, and any extension or change-of-status filing have their own dates and requirements. The available response may depend on facts that are not established by the green card file, including your current status, expiration dates, country of chargeability, and whether another petition or extension is possible.
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Before a status or employment deadline, give an immigration lawyer the latest approval notices, I-94, pay records, passport, and all green card receipts. Do not stop working, travel, or remain after an expiration date based solely on an employer’s assurance that the green card is “in process.”
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- Request the case inventory. Ask the employer or counsel for the exact stage, filed forms, receipt numbers, filing dates, notices, and deadlines.
- Build a date sheet. List your current status expiration, work-authorization expiration, PERM filing date, PERM certification date if applicable, I-140 and I-485 receipt dates, and every response deadline.
- Check the appropriate agency. Compare a pending PERM with DOL’s current queue. For an I-140 or I-485, select the exact USCIS form, category, and office and note the inquiry date.
- Escalate an aged PERM through the employer. If the case is more than three months older than the DOL month posted for analyst review, ask counsel whether the OFLC PERM Helpdesk inquiry is appropriate.
- Protect the 180-day PERM window. If PERM is certified, confirm the certification date and whether the I-140 was submitted to USCIS within 180 days.
- Get case-specific advice before a major move. Consult counsel before resigning, changing employers, changing the sponsored role, traveling, or allowing status or work authorization to expire.
Questions that expose an internal pause
If the company cannot provide a receipt because nothing has been filed, ask questions that distinguish a temporary business review from an indefinite stop:
- What event caused the pause, and who will reconsider it?
- Is there a target date for the next decision, or only a statement that sponsorship is suspended?
- Will the company continue to employ you in the sponsored position while it decides?
- Has counsel been instructed to preserve any recruitment, prevailing-wage, or PERM work already completed?
- If a deadline arrives during the pause, who will decide whether to file, respond, or withdraw?
Ask for answers by email and save them with the agency notices. A written record helps counsel distinguish an agency delay from an employer decision and prevents misunderstandings about what was promised.
Common mistakes to avoid
- Treating an average as a deadline. The DOL’s 336-day figure describes August 2026 analyst-review determinations across cases; it does not forecast your result.
- Assuming “filed” means “approved.” A PERM filing, certified PERM, I-140 receipt, and approved I-140 have different consequences.
- Missing the certified-PERM window. The 180-day validity period starts with certification and matters even if the employer says the case is paused.
- Relying on portability too early. AC21 portability is limited and generally requires an approved I-140 plus an I-485 pending at least 180 days, along with a same or similar job and other requirements.
- Making a status decision from the green card timeline. Green card processing does not automatically extend a separate nonimmigrant status or work authorization.
- Using an old processing-time screenshot. DOL and USCIS estimates and inquiry criteria change; check the current agency tools tied to your actual case.
When individualized legal advice is urgent
Arrange a case review promptly if your employer will not identify what was filed, a certified PERM is approaching 180 days, USCIS issued a request for evidence or denial, your I-94 or work authorization is nearing expiration, you are considering a new employer, or the company has announced layoffs or withdrawal of sponsorship. Bring the complete date sheet and notices. The available strategy depends on your filings and status; no general article can establish whether an employer may stop support or whether a particular extension, transfer, or alternative petition is available.
The safest objective is not to guess whether the delay is “normal.” It is to establish the exact stage, preserve every deadline, verify the current agency standard for that stage, and obtain advice before an employment or immigration-status decision becomes irreversible.
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