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Post-PERM

I-140: the step after PERM approval

Immigrant Petition for Alien Worker at USCIS

4 min readUpdated on May 04, 2026

I-140 (Immigrant Petition for Alien Worker) is the petition the employer files with USCIS after PERM is certified. This is where EB-2 or EB-3 classification is formally recognized, and where your final priority date is born.

Critical 180-day deadline

Once PERM is certified, the employer has 180 calendar days to file the I-140. Miss it and PERM expires — everything has to start over, recruitment included.

Most employers file within the first 30 to 60 days to avoid surprises.

Processing time

Without premium processing, I-140 is running 6 to 12 months depending on the service center (Texas, Nebraska, etc.) and category. EB-2 and EB-3 have similar timelines.

With premium processing (an extra fee around US$ 2,805 in 2026), USCIS responds within 15 business days. They can approve, deny, issue an RFE (Request for Evidence), or extend the clock.

Priority date: the date that matters

Your priority date is the day PERM was filed (not the approval day). That date is what the Visa Bulletin uses to release I-485 (Adjustment of Status) or consular processing later on.

So even with PERM and I-140 approved, if your priority date is not current on the Visa Bulletin, you still cannot move to the last Green Card step.