PERM Certified: The 180-Day Window to File Your I-140, and What Happens If It's Missed
A certified PERM gives your employer 180 calendar days to get the I-140 into USCIS hands, and missing that window by a single day can mean restarting the whole labor certification.
Part of our guide to Form I-140.
If DOL just certified your PERM, your employer has 180 calendar days from the certification date to get a Form I-140 petition received by USCIS. That is the PERM validity rule in 20 CFR 656.30(b)(1). Miss the window and the labor certification expires: USCIS rejects any I-140 built on it, and the employer generally has to restart PERM with a new prevailing wage determination, new recruitment and a new filing date. If day 180 lands on a weekend or legal holiday, USCIS says it accepts an I-140 received by the next business day, but an online filing should not count on that extra day.
Status as of 2026-11-01:
- The 180-day validity rule is in effect and unchanged.
- USCIS Policy Alert PA-2026-15 ("definition of day") has been in effect since 2026-10-23 for day-counted USCIS paper deadlines. It does not mention labor certifications or lengthen DOL's validity period.
- DOL's draft proposed rule "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program" (RIN 1205-AC29) cleared OIRA review on 2026-10-23 and has not been published, per OIRA's completed-review list. Current Part 656 applies.
- A USCIS draft proposed rule titled "Amending the Premium Processing Timeframe" (RIN 1615-AD25) has been under OIRA review since 2026-10-13, with no public text. Today's timeframes apply.
How long is a PERM labor certification valid?
A certified PERM labor certification is valid for 180 calendar days from the date the Department of Labor granted it. Within that window, USCIS must receive a Form I-140 that includes the certification. If no I-140 is filed in time, the certification expires and can no longer support a petition. Weekends and federal holidays count as days.
The regulation's own words:
"An approved permanent labor certification granted on or after July 16, 2007 expires if not filed in support of a Form I-140 petition with the Department of Homeland Security within 180 calendar days of the date the Department of Labor granted the certification."
DOL's Permanent Labor Certification page says the same thing in plain terms: "The certification has a validity period of 180-days and expires if not submitted to USCIS within this period."
Three details in that text matter:
- The expiry is tied to not filing. Once an I-140 that includes the certification is timely filed, the 180-day expiry has nothing left to run against (our reading of the text).
- It is narrow even while valid. Under 656.30(c)(2), a certification covers only "the particular job opportunity," the named worker and "the area of intended employment" on the Form ETA-9089. A different role or location generally means a new PERM.
- A duplicate does not restart the clock. Under 656.30(e)(3), a duplicate carries "the same filing and expiration dates" as the original. The Form I-140 instructions (edition 06/07/24) let the petitioner ask USCIS to request one from DOL (Part 4, Item 10).
PERM validity: how are the 180 days counted?
The clock starts on the date DOL granted certification, as shown on the certified Form ETA-9089. It does not start on the PERM filing date, the prevailing wage date or the day someone emailed you the news. Every calendar day counts. The finish line is USCIS receiving the I-140, not the day it was mailed.
The USCIS Form I-140 page (last reviewed 2026-07-24) puts it directly: "We must receive any Form I-140 based on an approved labor certification before the 180-day validity period has elapsed." Under 8 CFR 103.2(a)(7)(i), USCIS records the receipt date "as of the actual date of receipt at the location designated for filing," paper or electronic. A package still in a courier van on day 180 has not been filed.
Which day is day 1? The regulation does not spell out the counting method. The usual convention excludes the certification day, so day 180 is the certification date plus 180 days (our reading). Counting the certification day as day 1 moves the end one day earlier, so plan around the earlier date. The date your employer's attorney has docketed governs over any calculator, including ours.
Worked timeline: a PERM certified on Monday, November 2, 2026
Suppose your employer filed your Form ETA-9089 on 2026-01-15, which is roughly where DOL's analyst queue stood on 2026-10-21, and DOL certified it on Monday, 2026-11-02.
Example 180-day timeline (our arithmetic, as of 2026-11)
| Date | Count | What it means |
|---|---|---|
| Thu 2026-01-15 | n/a | ETA-9089 filed; this date becomes the I-140's priority date (8 CFR 204.5(d)) |
| Mon 2026-11-02 | Day 0 | DOL grants certification; the window opens |
| Wed 2026-12-02 | Day 30 | Example internal checkpoint: ability-to-pay evidence and your degree and experience documents with the attorney |
| Fri 2027-04-30 | Day 179 | Last day under the cautious count |
| Sat 2027-05-01 | Day 180 | Last day under the usual count; it falls on a weekend |
| Mon 2027-05-03 | Next business day | USCIS accepts a paper I-140 received on this day because day 180 was a Saturday |
| Tue 2027-05-04 | Too late | USCIS rejects petitions with expired certifications "filed after the next business day" |
The same arithmetic catches holidays. A certification granted on Wednesday, 2026-12-02 reaches day 180 on Monday, 2027-05-31, which is Memorial Day, so the paper next-business-day date would be Tuesday, 2027-06-01.
One more wrinkle: for November 2026, USCIS requires employment-based I-485s to use the Dates for Filing chart, where EB-2 rest of world is 2026-03-15 and EB-3 rest of world is 2024-08-01. A January 2026 priority date for a worker born outside India and China would be earlier than the EB-2 date but not the EB-3 date. The December bulletin was not out as of 2026-11-01, and the chart can change each month. Whether to file the I-140 alone or with an I-485 is a question for your attorney.
Does a weekend deadline roll to Monday?
For a paper I-140, yes. That rule comes from USCIS's own I-140 guidance, not from PA-2026-15. The I-140 page says: "In instances where the ending date of the labor certification's validity period expires on a Saturday, Sunday, or legal holiday, we will accept the petition if we receive it by the next business day." The 06/07/24 instructions carry the same rule on page 8 and add that USCIS "will reject petitions with expired labor certifications filed after the next business day."
PA-2026-15 is a separate, broader rule. Since 2026-10-23, the Policy Manual's chapter on submitting requests says "day" "includes Saturdays, Sundays, and federal holidays," and that a day-counted paper filing is timely "if received by the end of the next business day." For online filings it says the opposite: requests are "received immediately upon submission," and USCIS "does not apply the regulatory definition of day to extend the filing period for benefit requests filed electronically." The chapter does not discuss labor certifications or any DOL validity period.
Common misconception: "PA-2026-15 changed the PERM deadline, so day 180 always rolls to Monday."
Correction: The 180-day period is set by a DOL regulation, 20 CFR 656.30(b), and PA-2026-15 does not mention it. The I-140 next-business-day acceptance comes from USCIS's I-140 page and instructions, which predate the alert. Treat it as a safety net, not as the plan.
The I-140 can also be filed by PDF upload in a USCIS online account. The I-140 page's weekend rule does not separate paper from online filing, but the Policy Manual says online filings never get the extra day, so our reading is that an online I-140 is due on day 180 itself, even a Saturday.
What happens if the I-140 isn't filed within 180 days?
The certification expires, and USCIS says it "will reject a petition that contains an expired labor certification." Nothing in 656.30 offers a way to extend or revive it (our reading), so the employer would generally have to start the labor certification over.
That restart costs you in four ways:
- Time. A new PERM means a new prevailing wage determination (Form ETA-9141), new recruitment under 20 CFR 656.17 and a new Form ETA-9089. DOL's FLAG processing times page showed PWDs at June 2026 receipts (as of 2026-09-30) and an average PERM analyst review of 303 days (August 2026 figure, posted as of 2026-10-21). Our guide to checking a PERM case on FLAG explains how to read those queues.
- Your priority date. A PERM-based priority date is the date DOL accepted the PERM (8 CFR 204.5(d)). An expired certification never supports an I-140, so that date is lost and the new PERM sets a later one. If you already hold an earlier approved EB-1, EB-2 or EB-3 I-140, 8 CFR 204.5(e) generally lets you keep the earliest priority date unless that approval was revoked on the grounds it lists. In long queues this hurts most: EB-2 India's Final Action Date in the November 2026 bulletin is 2013-11-01.
- H-1B time beyond six years. Under 8 CFR 214.2(h)(13)(iii)(D)(2), one-year AC21 extensions run "until either the approved permanent labor certification expires or a final decision has been made" on the case. An extension built on this PERM loses its basis when it expires unused, and under (D)(1) a new PERM or I-140 must have been filed at least 365 days earlier before it can support one. Our guide to H-1B extensions beyond six years covers the options.
- A fresh labor-market test. New recruitment tests the US labor market again, and the result is not guaranteed to match.
One more trap: a rejection counts as no filing. Under 8 CFR 103.2(a)(7)(ii), "A benefit request which is rejected will not retain a filing date." A package rejected on day 175 for a wrong edition, with the corrected refiling arriving on day 183, is a missed deadline. That is why checking the I-140 edition date before filing matters most inside a closing window.
When should the I-140 be filed after PERM approval?
USCIS says "Form I-140 may be filed at any time," subject to receipt before the validity period ends. Choosing the date is the employer's decision with its attorney, because the employer is the petitioner. What fills the weeks after certification is evidence.
- Ability to pay. 8 CFR 204.5(g)(2) requires proof the employer can pay the offered wage from the priority date until you become a permanent resident: annual reports, federal tax returns or audited financial statements. For employers with 100 or more workers, USCIS may accept a financial officer's statement instead.
- Your qualifications. For an EB-2 PERM case, the instructions ask for an official academic record of a US advanced degree or foreign equivalent, or a bachelor's degree plus employer letters showing five years of progressive post-baccalaureate experience. For an EB-3 skilled worker, they ask for evidence you meet the labor certification's education, training or experience requirements. Under 8 CFR 204.5(g)(1), experience letters must give the writer's name, address and title and describe your duties.
- The form itself. The right edition, fee and signature. Our line-by-line walkthrough of the Form I-140 instructions covers each part.
On STEM OPT, your DSO manages your F-1 record, not the green card case; the 180-day window is a question for the employer's immigration attorney. If you are near the H-1B six-year limit, or your interests and your employer's might diverge, consider your own licensed immigration attorney too.
Should the I-140 be filed with premium processing?
Premium processing buys a faster decision, not more filing time. A Form I-907 request for an I-140 costs $2,965 (since 2026-03-01), and USCIS's premium processing page sets 15 business days for most I-140 classifications, including EB-2 PERM and EB-3 cases (45 business days applies to EB-1C and NIW). The 180-day deadline is met by receipt, so premium has no effect on it.
Two mechanics shape the choice. An I-140 filed together with an I-907 must go by mail, per the I-140 page; a pending online I-140 (receipt starting with IOE) can get a standalone I-907 by PDF upload later. A mailed standalone I-907 upgrade goes to the filing location USCIS changed on 2026-10-07, and the old location is accepted only if postmarked on or before 2026-11-09. Without premium, the USCIS processing-times tool showed 80% of EB-2 PERM I-140s completed within 3 months and EB-3 skilled within 4 months (read 2026-11-01; a snapshot, not a promise). See whether I-140 premium processing is worth the fee, and each stage from receipt to approval notice for what follows.
I-140 filing essentials
I-140 rules, fees and timelines, as of 2026-11 (check the live USCIS pages before filing)
| Item | As of 2026-11-01 | Source |
|---|---|---|
| Certification validity | 180 calendar days from DOL's grant | 20 CFR 656.30(b)(1) |
| Day 180 on a weekend or holiday | I-140 accepted if received by the next business day | I-140 page; instructions 06/07/24 |
| Online filing | Received on submission; never extended to the next business day | Policy Manual Vol. 1, Part B, Ch. 6 (PA-2026-15, in effect 2026-10-23) |
| Form edition | 06/07/24 | USCIS I-140 page |
| Filing fee | $715 paper / $665 online, plus an Asylum Program Fee of $600, $300 or $0 depending on the employer | G-1055, edition 10/26/26 |
| Payment | Card (G-1450) or ACH (G-1650) since 2025-10-28; checks only with a G-1651 exemption | USCIS electronic-payment rule |
| Premium processing | I-907 $2,965; 15 business days for EB-2 PERM and EB-3; joint I-140 + I-907 by mail only | G-1055; USCIS premium processing and I-140 pages |
| Filing address | I-140 address not changed on 2026-10-07; the standalone I-907 location did change | I-140 direct filing addresses |
| Regular processing snapshot | EB-2 PERM 3 months; EB-3 skilled 4 months (80% of cases) | USCIS tool, read 2026-11-01 |
Four 180-day clocks that get mixed up
The green card process has several 180-day rules. Only the first one is the PERM deadline.
| Clock | Starts on | What it does | Source |
|---|---|---|---|
| PERM validity | DOL certification date | I-140 must be received in 180 calendar days or the certification expires | 20 CFR 656.30(b)(1) |
| Approved I-140 | I-140 approval (or I-485 filing) | After 180 days, an employer's withdrawal or business closure no longer automatically revokes the approval | 8 CFR 205.1(a)(3)(iii)(C)-(D) |
| Pending I-485 | I-485 filing date | After 180 days pending, INA 204(j) portability to a same or similar job can apply, with a qualifying I-140 | 8 CFR 245.25 |
| STEM OPT extension | OPT EAD end date, with a timely STEM I-765 | Up to 180 days of continued work authorization while the I-765 is pending | USCIS STEM OPT page |
What to do the week your PERM is certified
- Ask your employer's immigration attorney for the certification date on the certified Form ETA-9089 and the last filing date they have docketed under 20 CFR 656.30(b)(1).
- Mark day 179, day 180 and, if day 180 is a weekend or federal holiday, the next business day in your calendar. Plan around day 179.
- Gather your degrees, transcripts, evaluations and experience letters, matched to the ETA-9089's requirements.
- Confirm the edition on the USCIS Form I-140 page (06/07/24 as of 2026-11-01) and the fee on Form G-1055 before anything is signed.
- Ask whether the employer will file by mail or through a USCIS online account, and whether a Form I-907 goes with it.
- Check the received date on the I-797C receipt notice as soon as it arrives, confirm it falls inside the window, and keep a copy with your H-1B records.
Common mistakes
- Counting from the wrong date. The window runs from DOL's certification date, not the PERM filing date, the PWD date or the day you heard the news.
- Treating mailing as filing. USCIS counts the day it receives the petition. A postmark proves nothing here.
- Expecting premium processing to help with the deadline. It speeds the decision after receipt, not the filing window.
- Filing in the last week. A rejected package keeps no filing date, so a wrong edition, fee or signature can cost the whole certification.
- Assuming an expired PERM still supports a seventh-year H-1B. One-year AC21 extensions end when the certification expires unused.
Frequently asked questions
How long is a PERM approval valid?
A certified PERM labor certification is valid for 180 calendar days from the date the Department of Labor granted it, under 20 CFR 656.30(b)(1). USCIS must receive an I-140 that includes it inside that window. Weekends and holidays count as days. The rule is in effect and unchanged as of November 1, 2026.
When should the I-140 be filed after PERM approval?
USCIS says an I-140 may be filed at any time, but one based on a labor certification must be received before the 180-day validity period ends. The exact filing date is a decision for the sponsoring employer and its immigration attorney. Filing well before day 180 leaves room to fix and refile a package USCIS rejects, because a rejected filing keeps no filing date.
What happens if the I-140 is not filed within 180 days?
The labor certification expires, and USCIS rejects any I-140 that relies on it. The employer would generally have to start PERM again with a new prevailing wage determination, new recruitment and a new Form ETA-9089, which sets a new priority date unless you already hold an earlier approved I-140. An expired certification also stops supporting the one-year H-1B extensions beyond six years that rely on it.
Does a weekend deadline roll to Monday?
For a paper I-140, yes. The USCIS I-140 page and the 06/07/24 instructions say that when the validity period ends on a Saturday, Sunday or legal holiday, USCIS accepts a petition received by the next business day. That rule is older than PA-2026-15 (in effect since October 23, 2026), and the Policy Manual says online filings never get the extra day, so treat an online I-140 as due on day 180 itself.
Should the I-140 be filed with premium processing?
That is the employer's decision with its attorney. Premium processing (Form I-907, $2,965 since March 1, 2026) gets USCIS action within 15 business days for most I-140s, but it does not change the 180-day filing deadline. An I-140 filed together with an I-907 must go by mail, and a standalone I-907 can be added later.
Sources
- 20 CFR 656.30, eCFR and the Cornell LII mirror
- DOL, Permanent Labor Certification
- USCIS, Form I-140 page and Form I-140 instructions, 06/07/24
- USCIS Policy Manual, Vol. 1, Part B, Ch. 6 and PA-2026-15
- 8 CFR 103.2, 8 CFR 204.5, 8 CFR 205.1, 8 CFR 214.2, 8 CFR 245.25
- USCIS fee schedule G-1055, Form I-907, how to request premium processing, processing times
- USCIS, Dates for Filing charts and I-140 direct filing addresses
- OIRA, reviews completed in the last 30 days and RIN 1615-AD25 review record
- DOL FLAG processing times
How we checked this: we read 20 CFR 656.30 in the eCFR (current to 2026-10-29), the USCIS I-140 page and 06/07/24 instructions, the Policy Manual chapter updated by PA-2026-15 (current to 2026-10-27) and the alert itself, DOL's PERM page, the related 8 CFR sections, the USCIS premium processing page and the USCIS and FLAG processing pages, on 2026-11-01.
This is general information, not legal or tax advice; your certified ETA-9089, your receipt notices and your employer's immigration attorney govern your case.
A certified PERM is a milestone worth protecting, and the next career moves you make on H-1B or STEM OPT should fit around it. If you want help with a job search that keeps your visa timeline in view, talk to F1Jobs.
Frequently asked questions
How long is a PERM approval valid?
A certified PERM labor certification is valid for 180 calendar days from the date the Department of Labor granted it, under 20 CFR 656.30(b)(1). USCIS must receive an I-140 that includes it inside that window. Weekends and holidays count as days. The rule is in effect and unchanged as of November 1, 2026.
When should the I-140 be filed after PERM approval?
USCIS says an I-140 may be filed at any time, but one based on a labor certification must be received before the 180-day validity period ends. The exact filing date is a decision for the sponsoring employer and its immigration attorney. Filing well before day 180 leaves room to fix and refile a package USCIS rejects, because a rejected filing keeps no filing date.
What happens if the I-140 is not filed within 180 days?
The labor certification expires, and USCIS rejects any I-140 that relies on it. The employer would generally have to start PERM again with a new prevailing wage determination, new recruitment and a new Form ETA-9089, which sets a new priority date unless you already hold an earlier approved I-140. An expired certification also stops supporting the one-year H-1B extensions beyond six years that rely on it.
Does a weekend deadline roll to Monday?
For a paper I-140, yes. The USCIS I-140 page and the 06/07/24 instructions say that when the validity period ends on a Saturday, Sunday or legal holiday, USCIS accepts a petition received by the next business day. That rule is older than PA-2026-15 (in effect since October 23, 2026), and the Policy Manual says online filings never get the extra day, so treat an online I-140 as due on day 180 itself.
Should the I-140 be filed with premium processing?
That is the employer's decision with its attorney. Premium processing (Form I-907, $2,965 since March 1, 2026) gets USCIS action within 15 business days for most I-140s, but it does not change the 180-day filing deadline. An I-140 filed together with an I-907 must go by mail, and a standalone I-907 can be added later.