What Happens After PERM Labor Certification Is Approved?

An approved PERM Labor Certification is an essential milestone for both employers and foreign workers pursuing permanent residency in the United States. It confirms that the U.S. Department of Labor (DOL) has reviewed the employer’s recruitment efforts and determined that no qualified U.S. workers are available for the offered position. Approval of the certification does not grant permanent residency, but it signals the beginning of the employment-based immigration process which requires strict compliance and precise documentation. At The Bernard Firm, we guide employers and employees through these post-certification stages to ensure filings remain timely and compliant with immigration law.

If your PERM Labor Certification has been approved, contact us for professional assistance with your next steps.

Submitting the I-140 Petition

Once the DOL certifies a PERM application, the employer has 180 days to file Form I-140, Immigrant Petition for Alien Worker, with the United States Citizenship and Immigration Services (USCIS). This filing verifies the employer’s intent to hire the foreign worker permanently and demonstrates the company’s financial ability to pay the certified wage. If the employer misses the 180-day window, the certification becomes invalid and must be restarted.

Employers are required to provide documentation such as business tax filings, payroll reports, or audited financial statements. The employee must also present qualifications that match the PERM certification, including educational records, licenses, and employment history. Partnering with an experienced immigration lawyer ensures that all materials meet USCIS requirements and that the information remains consistent with the DOL certification, preventing rejection or unnecessary delays.

The Role of the Priority Date

The PERM Labor Certification filing date becomes the “priority date.” This date determines when a visa number becomes available, as outlined in the Department of State’s Visa Bulletin. Since annual limits and country-specific caps affect visa availability, waiting times vary by worker’s nationality and employment category.

During this waiting period, the foreign employee must maintain lawful immigration status in the United States. Many continue to work under visas such as H-1B or L-1 while monitoring updates to the Visa Bulletin. Employers should remain aware of expiration dates and renewal timelines. A PERM labor certification attorney can track these updates, help secure extensions, and ensure the worker’s lawful status and employment authorization are maintained without interruption.

Applying for Permanent Residency

Once the priority date becomes current, the next step is to apply for lawful permanent residence. This can be done through Adjustment of Status, if the employee is already in the United States, or through Consular Processing for applicants abroad.

Adjustment of Status allows the applicant to file Form I-485 to transition to permanent residency without leaving the country. Consular Processing requires attending an interview at a U.S. consulate or embassy. Both processes include extensive documentation, background checks, and medical evaluations. An immigration attorney can evaluate eligibility, assist with preparation, and ensure each filing adheres to both DOL and USCIS requirements.

In some instances, family members of the foreign worker may also apply as dependents, allowing them to obtain green cards once the principal application is approved. Legal support during this stage is essential to avoid procedural errors that could delay family-based benefits.

Ongoing Compliance and Recordkeeping

Employers and employees must continue meeting all federal immigration obligations after certification. The DOL requires employers to maintain documentation of recruitment efforts in an audit file for at least five years following certification. Employees must maintain their legal status, renew employment authorization as necessary, and notify counsel of any changes in employment or personal circumstances that could affect their application.

Bernard Firm immigration attorneys assist both parties during the PERM process by maintaining accurate records, ensuring all recruitment efforts align with the regulations, and addressing any issues that arise during the transition to permanent residency. Staying proactive with compliance minimizes the risk of audits, processing delays, or denials from immigration authorities.

Completing the Path to Permanent Residency

An approved PERM Labor Certification marks one of the most complex and time-sensitive stages in the employment-based immigration process. The steps that follow, including filing the I-140 petition, tracking visa availability, and applying for permanent residency, require consistent coordination between the employer, the employee, and legal counsel.

At The Bernard Firm, we help clients manage these stages effectively and ensure every requirement is fulfilled with precision. Our attorneys provide guidance to maintain compliance and move toward successful green card approval. Learn more about how we can assist you by visiting our immigration page or exploring our team page to connect with our professionals.

If your PERM Labor Certification has been approved, contact us today to schedule a consultation and continue the process toward permanent residency with confidence and clarity.