PERM Process: When Should I File I-140 & I-485 Petitions?

The PERM Green card process is a process in which a US company sponsor a foreign national for a green card. There are multiple steps in this process such as drafting a job description, obtaining a prevailing wage determination, conducting a recruitment process, filing the Labor Certification with the Department of Labor, and finally filing the I-140 and green card petitions.

After the Labor Condition Application is certified by the Department of Labor, the employer will have 180 calendar days to file the I-140 petition. This is an extremely important deadline to keep in mind, as if the I-140 petition is not filed within this timeline, it is no longer valid.

There is an option to pay for a Premium Processing for the I-140 petition by submitting form I-907 – this means that USCIS will make a decision on your case (approval, denial, or Request for evidence within 15 days after they receive the I-140 petition).

If you are living in the U.S. and if your green card category is current in the Visa Bulletin, you could file your I-485, Adjustment of Status petition concurrently with the I-140 petition. Please note that if you pay the Premium Processing fee, this will not mean that USCIS will also adjudicate your Adjustment of Status petition within 15 days – even if the I-140 petition is approved, your Adjustment of Status petition will probably be pending for several months.

If your category is not current in the Visa Bulletin, you will have to wait until your priority date becomes current to file the I-485 petition.

If you are living outside the U.S., then you will have to go through a process called Consular Processing once your I-140 petition is approved. This means that a US Consulate abroad will need to issue you an immigrant visa and you will then apply for a green card.