What happens if my PERM expires and I have not filed the I-140?

It is important to understand that the PERM is a fundamental step in the EB-3 visa process and, as such, it has a limited validity period for the next step – filing the I-140 – to be initiated. Simply put, if the PERM expires before the I-140 is filed, the labor certification loses its validity for the current petition, which may require restarting the process.

Usually, after the employer obtains the PERM certification, there is a relatively short deadline for the I-140 form to be submitted to immigration. If this deadline is not met and the PERM expires, the employer will need to relaunch the recruitment process and obtain a new PERM certification for the I-140 to be filed again. This situation can result in loss of time and, consequently, delays in the immigration process.

Therefore, it is essential to closely monitor deadlines and maintain constant communication between the employer and the professionals advising the case. Complying with U.S. immigration laws and regulations is crucial, and seeking guidance from duly qualified specialists can help avoid unwanted complications.

It is also important to be cautious regarding promises of guaranteed results or simplified processes, as those offers are often misleading or may even result in scams. Staying attentive to deadlines and following the guidance of immigration authorities is the best way to avoid unpleasant surprises.

If in doubt or if you perceive any risk of missing deadlines, it is recommended to seek specialized and reliable advice to reassess the situation and take the necessary measures.

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.