Question: Does an approved PERM labor certification expire, and how much time does an employer have to file Form I-140?
Short answer: Generally, an approved permanent labor certification granted on or after July 16, 2007 expires if it is not filed in support of Form I-140 with the Department of Homeland Security within 180 calendar days of the Department of Labor’s grant date. The deadline is 180 calendar days, not simply six calendar months.
Why the 180-day deadline matters
20 CFR §656.30(b) sets the validity period for covered labor certifications. The employer generally must file the I-140 while the certification remains valid. Keep the certification notice and calculate the deadline from the actual grant date; do not rely on an approximate six-month calculation.
What does the PERM certification cover?
Under 20 CFR §656.30(c), a labor certification involving a specific job offer is limited to the particular job opportunity, the beneficiary named on the application, and the area of intended employment listed on the certification. It should not be assumed that a certification can be reused for a materially different position, employer, beneficiary, or work area. The certification also does not by itself establish that USCIS will approve the I-140; the petition must meet the requirements of the requested immigrant classification.
What if the certification has expired?
If the certification expired before it was filed in support of Form I-140, it generally cannot support that filing. If the intended employer-sponsored category requires PERM, the employer may need to begin a new labor-certification process. A National Interest Waiver is a separate route with different requirements; it does not revive an expired PERM certification.
Priority-date retention is a separate question. Under 8 CFR §204.5(e), a beneficiary may in some circumstances retain a priority date from a previously approved EB-1, EB-2, or EB-3 petition. Retaining a priority date does not extend the validity of a labor certification or establish eligibility for a new I-140.
What should the employer check?
- The exact date the Department of Labor granted the certification.
- Whether Form I-140 was filed within 180 calendar days.
- The employer, beneficiary, job opportunity, and area of intended employment listed on the certification.
- Whether the proposed immigrant category requires PERM or may qualify for a separate exception.
Need to review a PERM deadline or expired certification? Messersmith Law Firm can review the certification, grant date, proposed I-140, and available alternatives before the filing strategy is finalized.
Primary authorities: 20 CFR §656.30; 8 CFR §204.5(e).