What happens to green card sponsorship if the employee changes jobs?

Once the I-140 has been approved and the adjustment of status application has been pending for at least 180 days, the employee may be able to move to a similar role and keep their priority date under job-portability rules. Before that point, changing jobs generally means the new employer starts the sponsorship over.The specifics depend on timing and the new position, so the employee should get individual attorney advice on their own case.

Why has my PERM case been in process for months?

Because "in process" mostly means "waiting in a queue." DOL publishes the filing month it is currently reviewing, and cases filed after that month have not been opened yet. The wait is a function of DOL queue depth rather than anything your employer or attorney controls.And the two-month recruitment and quiet period earlier in the process is required by regulation rather than caused by a backlog.

Does premium processing increase my chances of I-140 approval?

No. Premium processing only guarantees a faster decision. It doesn't change the adjudication standard or make approval more likely. The same officer at the same USCIS service center reviews your case under the same criteria.A well-prepared petition is what drives approval rates, not the processing speed.

How long do we have to keep PERM recruitment records?

Five years from the date the Application for Permanent Employment Certification is filed, under 20 CFR § 656.10(f). That covers the application and all supporting documentation, including the advertisements, the job order dates, the notice of filing, the applications received and the recruitment report.

How many employment-based work visa categories are there?

U.S. immigration groups employment-based green cards into five preference categories, EB-1 through EB-5, though most professional hiring runs through EB-1, EB-2, and EB-3. On the temporary side, the main employment-based visa types include the H-1B, L-1A, O-1, TN, and E-2.So the practical answer is a handful of temporary categories plus three or four green card categories that cover the vast majority of cases.

PERM processing time in 2026

In 2026, a PERM application takes about 22-24 months end to end, with no premium processing option to speed it up. That total covers the prevailing wage determination, recruitment, and the long DOL analyst review queue, and it can stretch significantly longer if your case is selected for audit.

Step	Typical time (2026)	Faster path?
Prevailing Wage Determination (ETA-9141)	~6 months	None
Recruitment + 30-day quiet period	~2 months	None
PERM analyst review (ETA-9089)	14-16 months	None
Audit (if selected)	+6-12 months on top of analyst review	None
Total to PERM approval (no audit)	22-24 months	—
I-140 after PERM approval	6-9 months regular	15 business days with premium ($2,965)

If you only have ten seconds, that's the answer. The rest of this article explains how to read the current DOL queue, how to check your own case, what can make your timeline longer, and how to plan around your H-1B clock. For the step-by-step process itself, see our full PERM visa guide.

What is PERM, in 60 seconds

PERM stands for Program Electronic Review Management. It's the Department of Labor's labor certification process for employer-sponsored, employment-based green cards, filed on Form ETA-9089 through the FLAG (Foreign Labor Application Gateway) system. It's not a visa or an immigrant petition — it's a labor market test that proves no qualified and willing U.S. worker is available for the role, and it's a prerequisite to filing the I-140 with USCIS. EB-2 NIW and EB-2 Exceptional Ability cases skip PERM; the rest of the EB-2 and EB-3 employer-sponsored route goes through it. Full step-by-step process in the PERM visa guide.

The current 2026 DOL queue: what's actually being processed

The most useful page on the internet for PERM timing is flag.dol.gov/processingtimes. DOL updates it monthly, and it shows the month-of-filing currently being adjudicated for each stage: prevailing wage requests on ETA-9141, PERM applications on ETA-9089, audited PERM cases, and reconsideration requests.

Here's how the queue looked at the time of writing (May 2026):

Queue	Most recent month being adjudicated
ETA-9141 prevailing wage determinations	Roughly 6 months behind filing date
ETA-9089 PERM analyst review (non-audit)	Roughly 14-16 months behind filing date
ETA-9089 PERM audit review	18+ months behind filing date
Reconsideration requests	12+ months behind filing date

Last verified: May 2026. Always check the live page — these numbers shift every month, and they have generally been getting worse, not better, over the past two years.

Two things worth knowing: the queue isn't strictly FIFO (cases filed the same month don't always clear in the same order), and audited cases leave the standard queue for a much longer one.

How to check your PERM case status

The single most-asked question from PERM beneficiaries: where is my case right now? Visibility is limited, and most updates come through your employer's attorney rather than directly to you.

There are three places to look:

flag.dol.gov case status lookup (official). Your PERM case has a number formatted A-XXXXX-XXXXX. Logged-in employer and attorney accounts can pull live status: pending, audit, certified, denied, or withdrawn. Only the employer and their designated attorney have direct FLAG access — beneficiaries don't get a login and should ask HR or their attorney for an update.
flag.dol.gov/processingtimes (queue snapshot). This won't tell you about your specific case, but it shows what month-of-filing DOL is currently working on. Compare to your own filing month to estimate where you are in line.
Community trackers (unofficial). Sites like PermTracker and Trackitt aggregate self-reported cases by filing date, employer, and processing center. The data is community-sourced and incomplete, but useful for sanity-checking the official queue.

If your case is far past the published queue date with no movement, that's the cue for your attorney to investigate.

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What can make your PERM take longer

The 22-24 month figure assumes a clean, non-audited case. Plenty of things can stretch it.

Audit (+6-12 months or more). Common triggers include tailored requirements without business necessity, owner-employee relationships, layoffs in the same occupation within the prior six months (the layoff cooling-off period), and job duties that look unusual for the SOC code. Audited cases leave the regular queue and enter a slower one. We don't cover audit response procedures here — see the PERM visa guide for what employers need to retain (audit files must be kept for at least five years) and how to respond.
Denial and refile (+4-6 months or more). A denial generally requires a fresh recruitment cycle and a new ETA-9089. The clock essentially restarts.
Withdrawal and refile. Same impact as denial-plus-refile if the recruitment must be redone.
Supervised recruitment (+many months). DOL can require recruitment under direct supervision, which significantly extends the timeline.
PWD challenge (+months). If the employer disagrees with the prevailing wage and requests redetermination or center director review, that can add several months on its own.
A "qualified and willing" U.S. applicant. This isn't a delay — it's a stop. If recruitment surfaces a qualified, willing U.S. worker, the case cannot proceed and cannot be appealed. The only path forward is to revisit the job definition and start over.

Can you speed PERM up?

No. PERM has no premium processing and no expedite path for routine cases. The I-140 (the next step) does have premium processing — $2,965 for a 15-business-day response — but PERM itself has no equivalent.

The closest thing to "faster" is avoiding extra delay: a clean, business-necessity-justified ETA-9089 with no recruitment errors, no recent layoffs in the occupation, and no tailored requirements is the best protection against an audit and the months it costs. If your priority date happens to be current when PERM approves, the I-140 and I-485 can be filed concurrently, which collapses several months off the back end.

What happens after PERM is approved: the timeline continues

PERM approval is not the end of the green card timeline — it's roughly the halfway point for many EB-2 and EB-3 cases, and only a small fraction of the journey for backlogged countries. Here's what comes next, as time:

PERM certified → 180 days to file I-140. An approved PERM is valid for 180 days for I-140 filing. Miss that window and the PERM expires.
I-140 processing: 6-9 months regular, or 15 business days with premium ($2,965).
Wait for your priority date to become current. Your priority date locked at the moment PERM was filed (the ETA-9089 receipt date — not the PWD or recruitment date). For EB-2 and EB-3 from most countries, the wait is months. For India and China, it can be many years. Track this on the monthly Visa Bulletin.
File I-485 (in the U.S.) or DS-260 (abroad). Adjustment of status (I-485) currently runs 6-12+ months. Consular processing (DS-260) varies by post.

For a current-priority-date country, the rough end-to-end picture from PERM filing to green card in hand is 2.5-3 years. For backlogged countries, it can be 5-15+ years.

How PERM interacts with the H-1B 6-year clock

Most PERM beneficiaries are on H-1B status, which has a hard 6-year cap. AC21 (the American Competitiveness in the 21st Century Act) provides two ways to extend beyond six years, and both depend on PERM.

AC21 provision	Trigger	Extension
§106(a)	PERM (or I-140) was filed at least 365 days before the 6-year H-1B limit	1-year H-1B extensions, renewable until the green card resolves
§104(c)	I-140 is approved but priority date is not current	3-year H-1B extensions

PERM has to be filed (not approved) at least 365 days before the 6-year H-1B mark to qualify for §106(a) extensions. That's why employers typically begin PERM 22-30 months before the cliff: the 365-day rule plus the 22-24 month processing time leaves no slack.

When to start your PERM (working backward from your goal)

A few common scenarios:

"Green card filed before my 6-year H-1B mark." Start PERM at least 24-30 months before your H-1B end date.
"Lock my priority date before retrogression hits." File PERM as soon as the employer is ready — the priority date sets the day ETA-9089 is filed, not when it's approved.
"H-1B has 18 months left and PERM hasn't started." Talk to your attorney now. The AC21 §106(a) deadline (PERM filed 365+ days before the 6-year mark) is the immediate concern.
"I'm in EB-2 NIW or EB-1 territory." PERM doesn't apply. Those categories file the I-140 directly.

Find the right green card pathway for your situation

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PERM processing time in 2026 - how long every stage really takes