Can I withdraw from the process after PERM approval?

The decision to proceed with or withdraw from an immigration process is always very personal and should be made cautiously, considering the risks and implications at each stage of the process.

In the context of the EB-3 visa, the PERM – which is the certification from the United States Department of Labor – represents the first phase, proving that there are no available American workers for the offered position. However, even after PERM approval, you may still decide not to continue with the process.

It is important to understand that PERM approval does not automatically bind all subsequent phases of the immigration process, such as the filing of Form I-140 (which is the actual immigration petition). This means that, theoretically, if after PERM approval you choose to withdraw, you can stop the process before the I-140 phase begins.

Nonetheless, it is worth noting that PERM is an investment of time and resources for both the employer and the potential immigrant. Therefore, it is advisable to communicate your decision clearly and as soon as possible to your employer and those responsible for the process, ensuring that all implications are well understood by both parties.

In any scenario, it remains essential to act in compliance with United States immigration laws. It is recommended that, when facing doubts or changes in plans, you seek guidance from reliable sources or reputable immigration specialists to avoid falling for promises or marketing campaigns that guarantee results without proper analysis of your case.

After all, each step and decision can involve costs and risks, both financial and regarding your legal status. Always remember: any decision related to your immigration process should be well considered and, if necessary, shared with qualified professionals to ensure that your rights and interests are safeguarded.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.