Here are all the steps for PWD > PERM/LC > i140 if you already have an H1B work visa:
A) Initiation: Formulating Job Requirements & Duties
Case Initiation: Initiation received and case record opened by the legal team.
Instruction & Gathering: Lawyer contacts the client (employer & employee) with case instructions and requests for initial documents.
Job Formulation: The employer formulates the job duties and identifies the minimum requirements for the position they intend to sponsor.
Questionnaires: Completed questionnaires are received from the employer and the employee (detailing all previous experience).
Strategy Call: The employer and lawyer determine the appropriate preference category (EB-2 or EB-3) based on the job requirements and the employee's qualifications.
Finalizing Details: The legal team develops a skills chart based on the job description and requests any updated sponsorship details from the employer.
Case Initiation: Initiation received and case record opened by the legal team.
Instruction & Gathering: Lawyer contacts the client (employer & employee) with case instructions and requests for initial documents.
Job Formulation: The employer formulates the job duties and identifies the minimum requirements for the position they intend to sponsor.
Questionnaires: Completed questionnaires are received from the employer and the employee (detailing all previous experience).
Strategy Call: The employer and lawyer determine the appropriate preference category (EB-2 or EB-3) based on the job requirements and the employee's qualifications.
Finalizing Details: The legal team develops a skills chart based on the job description and requests any updated sponsorship details from the employer.
B) Request Prevailing Wage Determination (PWD) from DOL
DOL determines the prevailing wage for the position in the specified geographic location, based on the job duties, minimum requirements, and SOC code.
The Wage Requirement: The prevailing wage sets the minimum base salary the employer must be willing to pay the employee at the time they become a legal permanent resident.
Filing: The lawyer drafts the Prevailing Wage Request and files Form ETA-9141 electronically via the modern DOL FLAG system (the legacy PLC system is retired).
Processing Time: As of mid-2026, the DOL processes standard prevailing wage requests in roughly 3 to 4 months.
Experience Verification: Concurrently, the lawyer sends the Experience Verification Letter (EVL) format to the employee. The employee secures signed EVLs from prior employers to prove they met the job requirements before joining the sponsoring employer.
Receipt: Once the original PWD is received, the employer is notified. If the wage is unexpectedly high, a new PWR or alternative wage survey can be submitted, though this restarts the clock.
DOL determines the prevailing wage for the position in the specified geographic location, based on the job duties, minimum requirements, and SOC code.
The Wage Requirement: The prevailing wage sets the minimum base salary the employer must be willing to pay the employee at the time they become a legal permanent resident.
Filing: The lawyer drafts the Prevailing Wage Request and files Form ETA-9141 electronically via the modern DOL FLAG system (the legacy PLC system is retired).
Processing Time: As of mid-2026, the DOL processes standard prevailing wage requests in roughly 3 to 4 months.
(If a wage relies on a collective bargaining agreement or alternative wage survey, timing may vary). Experience Verification: Concurrently, the lawyer sends the Experience Verification Letter (EVL) format to the employee. The employee secures signed EVLs from prior employers to prove they met the job requirements before joining the sponsoring employer.
Receipt: Once the original PWD is received, the employer is notified. If the wage is unexpectedly high, a new PWR or alternative wage survey can be submitted, though this restarts the clock.
C) External Recruitment Process
The employer must conduct a recruitment process to test the U.S. labor market and demonstrate there are no qualified, willing, and able U.S. workers for the role.
The Timeline Window: By regulation, all recruitment steps must occur strictly between 30 and 180 days prior to filing the PERM.
Concurrent Recruitment: Your attorney may advise starting advertisements while the PWD is still pending to save time, provided the employer is willing to match whatever wage is ultimately issued.
SWA Job Order: The employer must post a job order with the State Workforce Agency (SWA) for 30 days.
Advertising Channels: The role must be advertised via multiple channels (e.g., two Sunday newspaper ads, plus three additional steps for professional roles like radio, online job boards, or campus recruiting).
The Applicant Test: If an able, willing, and qualified U.S. worker applies, the PERM process for that specific role must stop. The employer can immediately begin a new process for a different role, but typically waits roughly 6 months to restart the same role to avoid the same applicant pool.
The employer must conduct a recruitment process to test the U.S. labor market and demonstrate there are no qualified, willing, and able U.S. workers for the role.
The Timeline Window: By regulation, all recruitment steps must occur strictly between 30 and 180 days prior to filing the PERM.
There is a mandatory 30-day "quiet period" after the final advertisement runs to allow U.S. workers to apply before the application can be submitted. Concurrent Recruitment: Your attorney may advise starting advertisements while the PWD is still pending to save time, provided the employer is willing to match whatever wage is ultimately issued.
SWA Job Order: The employer must post a job order with the State Workforce Agency (SWA) for 30 days.
State agencies may require strict business verification (name, address, ownership) before enabling job posting privileges to prevent fraud. Advertising Channels: The role must be advertised via multiple channels (e.g., two Sunday newspaper ads, plus three additional steps for professional roles like radio, online job boards, or campus recruiting).
The Applicant Test: If an able, willing, and qualified U.S. worker applies, the PERM process for that specific role must stop. The employer can immediately begin a new process for a different role, but typically waits roughly 6 months to restart the same role to avoid the same applicant pool.
D) Permanent Employment Certification (PERM) Filing
The employer submits the PERM application to prove that employing the foreign national will not adversely affect the wages and working conditions of U.S. workers.
Filing the Application: The employer electronically files Form ETA-9089 via the DOL FLAG system.
The Priority Date: The date the ETA-9089 is successfully submitted to the DOL locks in your priority date (your place in line for the green card).
Processing Time: PERM is currently severely backlogged.
Audit Risk: PERM applications are subject to random and targeted audits.
Validity: Once certified by the DOL, the PERM is only valid for 180 days.
The employer submits the PERM application to prove that employing the foreign national will not adversely affect the wages and working conditions of U.S. workers.
Filing the Application: The employer electronically files Form ETA-9089 via the DOL FLAG system.
The Priority Date: The date the ETA-9089 is successfully submitted to the DOL locks in your priority date (your place in line for the green card).
Processing Time: PERM is currently severely backlogged.
Standard analyst review in 2026 takes roughly 15 to 17 months (480–500+ days). Audit Risk: PERM applications are subject to random and targeted audits.
The national audit rate hovers around 25% to 30%. If selected for an audit, the processing time extends by an additional 6 to 12 months. Validity: Once certified by the DOL, the PERM is only valid for 180 days.
The I-140 must be filed before it expires.
E) I-140 Petition Filing
The I-140 is a petition to USCIS to classify the applicant as an Immigrant Worker.
Filing Form I-140: The employer submits the petition with the Certified PERM and supporting documents (like financials and EVLs).
Concurrent Filing: The I-140 and I-485 (Adjustment of Status) can be filed concurrently only if your priority date is current according to the monthly Visa Bulletin.
Standard Processing Time: USCIS typically takes 4 to 8 months to adjudicate a standard I-140.
Premium Processing: For an additional $2,965 fee, USCIS guarantees processing within 15 business days (not calendar days).
RFE Response: If USCIS issues a Request for Evidence (RFE), the employer typically has up to 87 days to respond.
The I-140 is a petition to USCIS to classify the applicant as an Immigrant Worker.
Filing Form I-140: The employer submits the petition with the Certified PERM and supporting documents (like financials and EVLs).
Concurrent Filing: The I-140 and I-485 (Adjustment of Status) can be filed concurrently only if your priority date is current according to the monthly Visa Bulletin.
Standard Processing Time: USCIS typically takes 4 to 8 months to adjudicate a standard I-140.
Premium Processing: For an additional $2,965 fee, USCIS guarantees processing within 15 business days (not calendar days).
RFE Response: If USCIS issues a Request for Evidence (RFE), the employer typically has up to 87 days to respond.
F) Extending H-1B Beyond the Initial 6 Years
If you are approaching your 6-year H-1B limit, you can extend your status based on your green card progress under the AC21 rules:
1-Year Extensions: If your PERM or I-140 was filed 365 days or more before your 6-year limit, you can extend your H-1B in 1-year increments until a final decision is made.
3-Year Extensions: If you have an approved I-140 but your priority date is not current, you can extend your H-1B in 3-year increments indefinitely.
Recapturing Time: If you are short on the 365-day requirement, you can recapture any days spent physically outside the U.S. (vacations, international work trips) during your H-1B tenure to extend your 6-year expiration date.
If you are approaching your 6-year H-1B limit, you can extend your status based on your green card progress under the AC21 rules:
1-Year Extensions: If your PERM or I-140 was filed 365 days or more before your 6-year limit, you can extend your H-1B in 1-year increments until a final decision is made.
3-Year Extensions: If you have an approved I-140 but your priority date is not current, you can extend your H-1B in 3-year increments indefinitely.
Recapturing Time: If you are short on the 365-day requirement, you can recapture any days spent physically outside the U.S. (vacations, international work trips) during your H-1B tenure to extend your 6-year expiration date.
G) Changing Jobs After I-140 Approval (AC21 Portability)
The 180-Day I-140 Rule: If your I-140 has been approved for 180 days or more, your former employer cannot revoke it in a way that strips your priority date. You retain that priority date forever. You can use this approved I-140 to get 3-year H-1B extensions with a new employer.
Restarting the Process (Pre-I-485): If you change jobs before your I-485 is filed, your new employer must file a new PERM and a new I-140 for you. However, you will skip to the front of the line by applying your old priority date to the new petition.
Pending I-485 Portability: If your I-485 has been pending for 180 days or more, you can change jobs without needing a new PERM or I-140, provided the new job is in a "same or similar" occupational classification.
Defining "Same or Similar": USCIS evaluates the new job's duties, SOC code, and wage to ensure it aligns with the original I-140. The new job does not need to be in the same geographic location, pay the exact same salary, or have the exact same title.
The 180-Day I-140 Rule: If your I-140 has been approved for 180 days or more, your former employer cannot revoke it in a way that strips your priority date. You retain that priority date forever. You can use this approved I-140 to get 3-year H-1B extensions with a new employer.
Restarting the Process (Pre-I-485): If you change jobs before your I-485 is filed, your new employer must file a new PERM and a new I-140 for you. However, you will skip to the front of the line by applying your old priority date to the new petition.
Pending I-485 Portability: If your I-485 has been pending for 180 days or more, you can change jobs without needing a new PERM or I-140, provided the new job is in a "same or similar" occupational classification.
Defining "Same or Similar": USCIS evaluates the new job's duties, SOC code, and wage to ensure it aligns with the original I-140. The new job does not need to be in the same geographic location, pay the exact same salary, or have the exact same title.
H) When the H-1B Extension Beyond the 6th Year is a Risk
Your ability to extend your H-1B is jeopardized if the underlying green card process fails:
Denials: Denial of the PERM by DOL, or denial/revocation of the I-140 or I-485 by USCIS.
Expiration: If an approved PERM is not filed with an I-140 within 180 days, it expires and cannot support further H-1B extensions.
Early Withdrawal: If your employer withdraws the I-140 before it has been approved for 180 days, you lose the priority date and the ability to use it for 3-year extensions.
Fraud: USCIS revokes the I-140 due to fraud or misrepresentation.
Failure to Apply: If your priority date becomes current and you fail to file the I-485 within 1 year, USCIS will deny future 1-year H-1B extensions under AC21, as they assume you have abandoned the permanent residency process.
Your ability to extend your H-1B is jeopardized if the underlying green card process fails:
Denials: Denial of the PERM by DOL, or denial/revocation of the I-140 or I-485 by USCIS.
Expiration: If an approved PERM is not filed with an I-140 within 180 days, it expires and cannot support further H-1B extensions.
Early Withdrawal: If your employer withdraws the I-140 before it has been approved for 180 days, you lose the priority date and the ability to use it for 3-year extensions.
Fraud: USCIS revokes the I-140 due to fraud or misrepresentation.
Failure to Apply: If your priority date becomes current and you fail to file the I-485 within 1 year, USCIS will deny future 1-year H-1B extensions under AC21, as they assume you have abandoned the permanent residency process.
I) Work Authorization for H-4 Spouses
H-4 spouses are not automatically eligible to work, but they can apply for an Employment Authorization Document (EAD) under specific conditions:
Eligibility: An H-4 spouse can apply for an EAD (Form I-765) if the H-1B spouse has an approved I-140, or if the H-1B spouse is extending their status beyond 6 years under the AC21 1-year rule (meaning their PERM/I-140 has been pending for over 365 days).
Timeline: Once the H-1B spouse achieves the approved I-140 (which takes 2.5 to 4 years), processing the actual H-4 EAD application usually takes 3 to 6 months.
Portability: You can use an approved I-140 from a prior employer to successfully apply for or renew an H-4 EAD.
H-4 spouses are not automatically eligible to work, but they can apply for an Employment Authorization Document (EAD) under specific conditions:
Eligibility: An H-4 spouse can apply for an EAD (Form I-765) if the H-1B spouse has an approved I-140, or if the H-1B spouse is extending their status beyond 6 years under the AC21 1-year rule (meaning their PERM/I-140 has been pending for over 365 days).
Timeline: Once the H-1B spouse achieves the approved I-140 (which takes 2.5 to 4 years), processing the actual H-4 EAD application usually takes 3 to 6 months.
Portability: You can use an approved I-140 from a prior employer to successfully apply for or renew an H-4 EAD.
References:
https://immigration.fragomen.net/Immigration: AC21 - Change Jobs Before Green Card Approval (immigrationroad.com)
H-1B (Specialty Occupation) Visa | Fragomen, Del Rey, Bernsen & Loewy LLP