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That sequence is common, not universal. The employment-based preference category determines whether PERM is required, who may petition, and which final route is available. The practical task is to identify the right category, keep each stage’s responsibilities separate, and track visa availability using the current monthly rules.
How the employment-based green-card process fits together
Employment-based immigration has five preference categories. In the usual employer-sponsored PERM case, the employer first seeks labor certification from DOL, then asks USCIS to classify the offered position and worker through Form I-140. The worker’s case can move to its final stage only when a visa number is available and the applicable eligibility and filing requirements are met.
Not every employment-based case begins with PERM. Some categories may proceed without labor certification, and USCIS says an employment petition may be filed by a prospective employer or, in some cases, by the noncitizen on their own behalf. Before assuming that a job offer means a PERM application is required, identify the preference category and consult USCIS’s Employment-Based Green Cards overview and the current instructions for the relevant filing.
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What PERM is—and what it is not
PERM is DOL’s permanent labor-certification process. It evaluates whether there are sufficient U.S. workers who are able, willing, qualified, and available for the permanent full-time job opportunity, and whether hiring the foreign worker would adversely affect the wages and working conditions of similarly employed U.S. workers. It is a labor-market certification, not a petition asking USCIS to grant permanent residence.
DOL puts the filing obligation plainly: “The filing of applications is the responsibility of the employer, not the employee.” The employer defines the job opportunity and its actual minimum requirements, carries out the required process, and files the PERM application. The worker supplies information and documents the employer may need, but does not file the PERM application as the applicant.
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The usual PERM-to-I-140 sequence
Where labor certification is required, the employer’s steps have a defined order. The job requirements and wage determination are not interchangeable with the later USCIS petition.
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- Define the permanent job. The employer identifies a permanent, full-time job opportunity and establishes its actual duties and minimum requirements. These must describe the position the employer is offering, rather than being treated as a generic description of the worker.
- Obtain a prevailing wage determination. The employer obtains a valid DOL determination for the position. DOL’s process uses the prevailing wage as part of assessing the job opportunity and protecting U.S. workers’ wages.
- Complete the labor-certification process and file PERM. The employer carries out the applicable recruitment and filing requirements, then submits the PERM application to DOL. DOL reviews the application; it may be certified, audited, or otherwise require action under the program’s procedures.
- File Form I-140 after certification. If DOL certifies the application, the employer submits the certification in support of Form I-140, Immigrant Petition for Alien Worker, to USCIS. DOL says the certification expires if it is not submitted with the I-140 within 180 days of certification.
The 180-day period is a filing deadline for the certified labor application, not a general estimate of how long the I-140 or the whole green-card case takes. The employer should coordinate the petition filing so the certification is used before it expires.
What Form I-140 does after PERM
Form I-140 is the employer’s petition to USCIS to classify the offered job and worker in the requested employment-based preference category. USCIS reviews the petition under that category’s requirements. In a PERM-based case, the certified labor application supports the petition; it does not replace it.
Approval of an I-140 establishes the petition classification, but it does not itself grant lawful permanent residence or guarantee that an immigrant visa is immediately available. Visa numbers are limited by category and chargeability area. The worker still needs an available visa number and must complete the applicable final-stage process. Individual eligibility, admissibility, documentation, and filing rules also remain relevant.
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Keep the roles distinct: DOL handles labor certification, USCIS adjudicates the I-140 and eligible adjustment applications, and the Department of State (DOS) publishes the Visa Bulletin and administers immigrant-visa processing at U.S. consulates. The agency handling one stage does not decide every later stage.
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A priority date is a place marker in the visa-number queue, not an approval, a promise of a particular wait, or a prediction that the case will be finished by a certain date. When labor certification is required, DOL’s receipt date for the labor application is used as the priority date. Where labor certification does not apply, the priority-date rule can differ; USCIS explains that it depends on whether a labor certification is required.
To assess availability, use the applicant’s employment preference category, priority date, and chargeability area in the DOS Visa Bulletin. The Bulletin is updated monthly, so a date from one month should not be treated as a standing cutoff. Chargeability is generally tied to the applicant’s country of birth, and the bulletin presents separately listed areas where cutoffs differ. Check the official instructions for how chargeability applies in an individual case.
Final Action Dates versus Dates for Filing
The two Visa Bulletin charts serve different purposes. Final Action Dates indicate when a visa number is available for final action, such as visa issuance or approval. Dates for Filing can permit an earlier application filing opportunity, but for adjustment applicants USCIS specifies which chart may be used in a given month. Being eligible to file under an earlier chart does not mean a visa can already be issued or that the case can be approved.
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DOS explains that a “C” listing means the category is current and applications may be filed regardless of priority date in the chart context. Applicants still must use the chart USCIS designates for adjustment in that month and meet the other requirements. A current listing does not waive those requirements.
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The DOS Visa Bulletin for October 2026 lists the following employment-based Dates for Filing. These figures are specific to that month, not durable cutoffs. The bulletin has a separate Final Action Dates chart, and adjustment applicants must check USCIS’s monthly chart designation before using Dates for Filing.
| Preference | Chargeability area | October 2026 Date for Filing |
|---|---|---|
| EB-2 | All chargeability areas except those separately listed | 15MAR26 |
| EB-2 | China-mainland born | 01JAN23 |
| EB-2 | India | 15JAN15 |
| EB-3 | All chargeability areas except those separately listed | 01AUG24 |
| EB-3 | China-mainland born | 01APR24 |
| EB-3 | India | 15JAN15 |
| EB-3 | Philippines | 01JAN24 |
For example, an EB-2 applicant with a priority date of 2024 may fall before the October 2026 Dates for Filing cutoff for the general chargeability column, but not before the separately listed China or India dates shown here. That comparison alone does not establish that the applicant may file an I-485: the current USCIS chart selection and all personal eligibility conditions must also be checked.
Can you file Form I-485 while the I-140 is pending?
There is no safe yes-or-no answer based only on whether the I-140 is pending. The relevant question is whether the category and case qualify for filing an adjustment application at that time under USCIS’s current visa-availability and filing rules. A visa number must be available for the applicable filing route, the correct Visa Bulletin chart must permit filing, and the applicant must be eligible to adjust status.
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Some employment cases may have a filing opportunity before the I-140 has been finally decided, but a pending petition does not create visa availability or cure a failure to meet adjustment requirements. Conversely, an approved I-140 alone does not authorize an I-485 filing if the applicable date and rules do not permit it. Because USCIS’s chart designation changes by month, check its current adjustment-of-status page and filing instructions before submitting anything.
Adjustment of status or consular processing?
The final route depends in part on where the applicant is and whether they are eligible to complete the process in the United States. Adjustment of status is the domestic process for an eligible person physically present in the country. Consular processing is the route for obtaining an immigrant visa through a U.S. consulate abroad. The routes are not interchangeable forms of the same application.
| Consideration | Adjustment of status | Consular processing |
|---|---|---|
| Where the applicant completes the process | In the United States; the applicant must be physically present and eligible to adjust. | Abroad through the immigrant-visa process at a U.S. consulate. |
| Primary administering agency for the final route | USCIS adjudicates the adjustment application. | DOS administers immigrant-visa processing through the consulate. |
| Visa availability | Required, along with the chart and filing rules USCIS applies to adjustment applicants. | Required for immigrant-visa issuance; applicable category and documentation rules also apply. |
| Operational milestones | USCIS may require biometrics, health information, supporting evidence, and an interview. Approval makes the applicant a lawful permanent resident. | The applicant follows the consular immigrant-visa process. The route culminates in visa issuance and admission to the United States as a permanent resident. |
Physical presence in the United States does not by itself establish eligibility to adjust. Likewise, a person pursuing a consular case must meet the immigrant-visa process requirements. Use USCIS’s overview of adjustment of status and its employment-based category guidance to determine which route applies; consult DOS’s current immigrant-visa instructions for the consular route.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How long does the process take?
There is no single end-to-end timeline that can be inferred from the PERM queue or the priority date alone. PERM review, I-140 adjudication, visa-number availability, and final processing are separate stages. The timing of visa availability can also vary by employment category, priority date, and chargeability area as the monthly Visa Bulletin changes.
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DOL’s PERM Processing Times page reported, using data as of October 5, 2026, that it was reviewing analyst-review applications filed in December 2025 and audit-review applications filed in December 2025. This is a dated snapshot of the applications in DOL’s review queue, not a forecast for an individual filing, not the processing time for the I-140, and not a measure of the total green-card wait. Audit review is a different queue, so the two entries should not be collapsed into one case estimate.
For a useful case-specific estimate, separate the questions: Has the employer completed the steps needed to file PERM? Is DOL reviewing an analyst or audit case? Has the I-140 been filed and decided? Is the priority date current under the relevant chart? Which final route is being used, and what processing instructions apply there? Official processing pages and the current Visa Bulletin are better guides than an average timeline that mixes these separate stages.
Common mistakes that can derail planning
- Treating PERM as the green-card petition. PERM is the DOL labor certification; the employer must separately submit Form I-140 to USCIS where certification is required.
- Assuming every employment category requires PERM. Some categories may not require it and may have a different petitioner or priority-date basis. Confirm the category first.
- Assuming the worker files the PERM application. DOL assigns that filing responsibility to the employer. Keep employer-side recruitment and certification duties separate from the worker’s personal eligibility and evidence.
- Reading Dates for Filing as approval permission. An earlier filing cutoff can open a submission opportunity only when USCIS permits that chart for adjustment applicants. It does not mean a visa can be issued or the case approved.
- Using old cutoffs as if they were current. Visa Bulletin dates change monthly. Put the month and year beside any date you use, and check the USCIS chart designation for the same month.
- Letting a certification expire before the I-140 filing. DOL’s 180-day validity period applies to submitting the approved PERM certification in support of the I-140.
- Confusing petition approval with permanent residence. I-140 approval is a petition decision; permanent residence is obtained only after completing the applicable final stage and satisfying its requirements.
What to check before taking the next step
Because the process combines employer actions, a visa-number queue, and the worker’s own eligibility, confirm the controlling facts at each transition rather than relying on the name of a form or a past bulletin date. DOL’s Permanent Labor Certification and PERM Processing Times pages explain the labor-certification process and queue information. USCIS provides the employment-based category and adjustment guidance, while DOS publishes the monthly Visa Bulletin at Visa Bulletin.
Quick Recap
- Confirm the employment preference category, whether PERM is required, and who is eligible to petition.
- For a PERM case, coordinate the employer’s prevailing wage, job requirements, certification filing, and I-140 submission deadline.
- Record the correct priority date and chargeability area for the case.
- Check the current month’s Visa Bulletin and USCIS’s chart selection for adjustment filings before deciding whether to submit Form I-485.
- Determine whether the applicant is eligible to adjust in the United States or must pursue immigrant-visa processing abroad, then follow that route’s current official forms and instructions.
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