What is a PERM priority date?

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In one look

Let’s take a closer look at an important date that can impact the timing of employment-based green cards: the PERM priority date.

PERM work certifications

A PERM (Program Electronic Review Management) work certification is a crucial step in the process for employers seeking to sponsor international employees for employment-based green cards in the United States. It is administered by the U.S. Department of Labor (DOL) and is designed to ensure that the employment of foreign workers will not negatively impact the labor market. employment opportunities, wages or working conditions of American workers.

Obtaining PERM labor certification is a prerequisite to obtaining an employment-based green card. Once the employer receives an approved PERM certification, they can then restart the green card process for their employee and file. Form I-140 (Immigration Petition for Foreign Worker).

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What is a priority date?

When an employer files an immigration petition (Form I-140) on behalf of an employee, a “priority date” is established based on the date the petition was filed with Citizenship and Immigration Services of the United States (USCIS).

The priority date is crucial because it fixes the foreign worker’s place in the queue for an immigrant visa (green card) in categories subject to annual numerical limits. This date becomes especially important in the final stages of the green card application process, where individuals may have to wait for their priority date to become “current” before they can proceed to the final stages of their green card application, such as filing Form I-485 (Application for Registration of Permanent Residence or Adjustment of Status).

The Visa Bulletin, published monthly by the U.S. Department of State, outlines current priority deadlines for each category and country, determining when applicants can proceed to the final stages of their green card application.

Boundless publishes a report on the current Visa Bulletin every month so you can stay informed of the latest wait times.

Understanding PERM Priority Dates

In the context of PERM, the priority date for a PERM labor certification technically refers to the date the PERM is filed with the DOL.

In practice, the Priority Date for the PERM is blocked once the Form I-140 petition is approved. This date will then determine when a green card application on Form I-485 can be filed.

If you have questions about PERM priority dates or next steps after I-140 approval, it may be helpful to contact an immigration attorney for advice. Learn Boundless’ business immigration services and in-house legal team can help.

Unlimited Tip

Get detailed guidance on the PERM labor certification process in The limitless guide.

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