PERM and I-140 do different jobs
PERM is the labor-certification step with the Department of Labor. I-140 is the immigrant petition filed with USCIS after PERM approval.
Employment-Based Immigration Guide
PERM and I-140 for EB-2 / EB-3
This page explains the PERM labor-certification and I-140 sequence for employer-sponsored EB-2 and EB-3 cases. The practical questions usually involve job requirements, recruitment structure, employer wage ability, and when the filing timeline starts to matter.
Key Points
The process depends on the position, not just the employee
Degree level, experience requirements, recruitment design, and prevailing wage all need to match the role the employer is actually sponsoring.
Timing matters long before I-485
Prevailing wage, recruitment, PERM validity, and I-140 filing windows can all affect when the case is ready to move forward.
Why PERM and I-140 are often oversimplified
Many applicants think of PERM as a preliminary form and I-140 as the real immigration filing. In practice, the PERM stage often determines whether the job description, recruitment record, and wage structure will support the case at all.
The practical analysis usually turns on four layers: whether the role fits EB-2 or EB-3, whether the recruitment record is defensible, whether the employer can document the offered wage, and whether the filing sequence stays within the required timing.
EB-2 and EB-3 in this process
EB-2
EB-3
Typical threshold
Often tied to an advanced-degree position or a bachelor’s degree plus five years of progressive experience.
Often used for bachelor’s-level positions, skilled workers, or broader categories with lower baseline qualification requirements.
Process overlap
Usually still depends on the same PERM and I-140 structure unless the case qualifies for a waiver track such as NIW.
Usually follows the same labor-certification and I-140 sequence, but the category fit and queue dynamics may differ.
Practical focus
Job requirements and employee credentials need to align cleanly with the EB-2 position definition.
The role can be broader, but recruitment structure and filing accuracy remain just as important.
Common layers in the PERM / I-140 sequence
Prevailing wage and role definition
Before recruitment begins, the wage level and position requirements need to match the actual job the employer is sponsoring.
Recruitment and market test
PERM requires a real recruitment process designed to test whether qualified U.S. workers are available for the position.
PERM approval and I-140 filing window
Once PERM is approved, the employer typically has 180 days to file I-140 before the labor certification expires.
Employer wage ability and petition support
I-140 shifts the focus to USCIS, where the employer’s ability to pay and the worker’s qualification record become central.
Risk factors that often change the case
The position requirements do not match the company’s actual role or the employee’s background cleanly.
Recruitment is treated as a formality rather than a record that may later be scrutinized.
The employer’s wage documents are not ready when I-140 is filed.
The PERM approval window is allowed to run too close to the I-140 deadline.
FAQ
Does PERM approval itself give work authorization or immigration status?
No. PERM approval does not create work authorization by itself. It is a labor-certification step that usually supports the later I-140 filing.
Is EB-2 always better than EB-3?
Not automatically. The better category depends on the actual job requirements, the employee’s qualifications, and how the case fits the role being sponsored.