Business Immigration · I-140 (PERM-based)
The I‑140 after PERM: proving the job, the worker and the ability to pay
A certified PERM is not a green card. It is a time-limited document that the employer must use to file Form I-140 with USCIS. The I-140 proves three things: the job is the one the Department of Labor certified, the worker met its requirements before the priority date, and the employer could pay the offered wage from that date on. Once approved, the I-140 also secures the worker's place in line.
What our I-140 service covers
- Review of the certified ETA-9089 against the worker's evidence.
- Experience letters drafted to match the certified requirements.
- Ability-to-pay evidence under 8 CFR 204.5(g)(2).
- Form I-140, a petition letter and any premium-processing request.
- Concurrent I-485 coordination when the priority date is current, and RFE responses within scope.
What USCIS checks
- Timely filing. The I-140 must be filed while the labor certification is valid (20 CFR 656.30).
- Worker qualifications. Degrees, licenses and experience letters showing that the worker met every requirement on the ETA-9089 as of the priority date.
- Ability to pay. Annual reports, federal tax returns or audited financial statements for each year from the priority date. Employers with 100 or more workers may submit a statement from a financial officer (8 CFR 204.5(g)(2)(2))).
- Category. EB-2 for jobs requiring an advanced degree or its equivalent; EB-3 for skilled workers, professionals and other workers.
Government fees
| Item | Fee |
|---|---|
| Form I-140 | $715 (paper) / $665 (online) |
| Asylum Program Fee | $600 standard / $300 (small employer or self-petitioner) small employer (nonprofits exempt) |
| Premium processing, optional | $2,965 |
Government fees as of Oct. 24, 2026, from USCIS Form G-1055, edition 10/16/26. Confirm before filing.
Confirm current amounts on the G-1055. For regular processing, see the USCIS processing-times tool.
Priority date, retention and portability
The PERM filing date becomes the worker's priority date (8 CFR 204.5(d))). Once the I-140 has been approved for 180 days, it is generally not revoked automatically if the employer withdraws it or goes out of business, so the worker keeps the priority date for a future petition. An approved I-140 can also support H-1B extensions beyond the usual six-year limit while the worker waits for a visa number. After an I-485 has been pending for 180 days, the worker may be able to move to a same or similar job under the portability rules. Check the current chart in the Visa Bulletin.
Common I-140 problems
- Experience letters that do not match the certified duties or dates.
- Net income and net assets below the offered wage, with no other evidence.
- Several pending I-140s from one employer, which increases the ability-to-pay burden.
- Filing after the certification has expired.
If USCIS is slow or denies the I-140
See I-140 denial options for motions, AAO appeals and APA suits, and USCIS delay lawsuits if the petition sits without a decision.
Who handles your case
Immigration filings are prepared and signed by a licensed U.S. immigration attorney who works with DC Federal Litigation PLLC. Consultations are available in English, Spanish, French and Arabic. If an agency delays or denies your case and federal court is the right next step, DC Federal Litigation PLLC handles the litigation.
DC Federal Litigation PLLC works from its Washington, DC office on the strategy and on any federal-court action. If the agency sits on your case or denies it on grounds the regulation does not support, the litigation stays with the firm. You are told in writing, before any work begins, who does what on your matter and how the fee is shared.
Frequently asked questions
How soon after PERM approval must the I-140 be filed?
Within the certification's validity period under 20 CFR 656.30. If it expires, the employer must start PERM again. We prepare the I-140 during the PERM stage so it can be filed promptly.
Can we use premium processing?
Yes. PERM-based I-140s in EB-2 and EB-3 can be premium processed for the fee in 8 CFR 106.4. Premium processing speeds up the I-140 decision only, not the I-485.
What if the company's net income is lower than the wage?
USCIS also considers net current assets, wages already paid to the worker, and in some cases the overall financial picture. We review three years of returns before filing and build the strongest available showing.
Can the worker change jobs after the I-140 is approved?
An approved I-140 that has been approved for at least 180 days generally keeps the priority date. Once the I-485 has been pending 180 days, the worker may port to a same or similar job. Otherwise a new PERM and I-140 may be needed, with the old priority date retained.
Can the I-485 be filed with the I-140?
Yes, if the priority date is current for the category and country under the chart USCIS designates for that month. Otherwise the I-485 waits until it is.
EB-2 or EB-3: who decides?
The certified job requirements decide. A job requiring a master's degree, or a bachelor's plus five years of progressive experience, supports EB-2. Others fall in EB-3. In some cases an employer can file a second I-140 in another category to use whichever date moves faster.
File the I-140 inside the window, with the evidence it needs
Book a paid consultation. We review the certification, the worker's evidence and the employer's financials. If you engage the firm within 30 days, your consultation fee is credited in full toward your initial retainer.