Navigating the U.S. employment-based green card process can be complex, especially when career opportunities arise mid-process. Many foreign professionals wonder: Can I transfer my PERM Labor Certification if I change jobs? The answer depends on your individual situation, but there are pathways available under specific conditions. Here’s what you need to know about PERM labor certification transfers, job changes, and the “same or similar” rule.
Is It Possible to Transfer a PERM Labor Certification?
Generally, a PERM Labor Certification cannot be transferred because it is tied to a specific employer and job position. However, there are limited exceptions. In rare circumstances, your current employer may choose to cooperate with your new employer and allow you to continue working under the original PERM. These cases are uncommon and should always be handled with the help of an experienced immigration attorney at Green Card Link.
If your Form I-485 (Adjustment of Status) has been pending for more than 180 days, and your I-140 petition and PERM Labor Certification have both been approved, you may switch employers without starting the PERM process over. This portability provision allows more flexibility for foreign workers who have already invested significant time in the green card process.
When PERM Transfer Isn’t Possible
In most situations, once you leave your sponsoring employer, that employer will withdraw the PERM application, meaning you must begin the process again with your new employer. This is because the PERM certification is employer- and position-specific—it does not “belong” to the employee.
For instance, if you started the PERM process with Company A but later accept a job offer from Company B, you’ll need to file a new PERM Labor Certification with Company B. The only exception might be if Company A continues sponsoring you for the permanent position even while you work temporarily elsewhere—a rare situation requiring guidance from immigration attorneys at Green Card Link.
This rule also applies to green card employment transfers. If you plan to change employers after your I-140 petition is approved—or after your green card is issued—you will likely need a new PERM certification unless you qualify for the portability exception described below.
It’s also important to note that employers are not permitted to withdraw an I-140 petition in bad faith or for retaliatory reasons. Doing so could expose them to potential liability for breach of contract or fraud.
The Portability Exception: I-485 Pending More Than 180 Days
Under the portability rule, a foreign worker may change employers if:
- The PERM Labor Certification is approved,
- The I-140 petition is approved, and
- The I-485 has been pending for over 180 days.
In this case, you can transfer to a new employer without filing a new PERM or I-140, provided that your new position is in the “same or similar” occupational category as the original job listed in your I-140 petition. Your new employer must provide documentation showing that the roles are comparable in terms of job duties, skills, and responsibilities.
Approved I-140 But I-485 Pending Less Than 180 Days
If your I-485 has not yet been pending for 180 days, you may still carry over your priority date from the previous I-140 approval when filing a new I-140 with your new employer. This allows you to retain your place in the green card queue, saving valuable processing time. You can even apply under a different preference category while keeping your original priority date, which is particularly helpful if visa backlogs exist in your category.
Internal Job Transfers During the PERM Process
Many professionals also ask whether they can transfer internally within the same company while a PERM Labor Certification is in process. The answer is yes—but it depends on the role change.
If your new position is “the same or similar” to your original PERM-sponsored job (for example, a promotion or pay raise with the same core duties), you typically will not need to restart the PERM process. However, if your new role involves significantly different job functions, skills, or responsibilities, you will likely need to begin a new PERM Labor Certification from the start.
For example:
- A promotion with similar job duties (e.g., moving from Software Engineer to Senior Software Engineer) may qualify as “same or similar.”
- A transfer to a different department or role (e.g., from Software Engineer to Product Manager) would likely require a new PERM.
What If Your Job Title Changes During PERM?
A minor job title update or cosmetic change is typically not an issue. However, substantial changes—such as major duty shifts, location transfers, or new qualifications—can affect your PERM validity. To avoid complications, it’s best to consult an immigration attorney at Green Card Link before making any job title changes during the PERM process. If you’re early in the process, consider delaying any significant role modifications until after your I-140 petition has been filed.
Understanding “Same or Similar” Job Criteria
The “same or similar” rule is key when determining whether a new position qualifies under the portability exception. The U.S. Citizenship and Immigration Services (USCIS) evaluates several factors to make this determination, including:
- Comparison of job descriptions and daily duties;
- Required skills, education, and experience for each role;
- Salary levels for both positions; and
- Any other relevant information that demonstrates job similarity.
Essentially, USCIS looks at how closely related your new role is to the one originally certified under your PERM application. The closer the match, the stronger your case for portability or internal transfer approval.
PERM Labor Certification Explained
The PERM Labor Certification—short for Program Electronic Review Management—is the official process managed by the U.S. Department of Labor (DOL) to ensure that the hiring of foreign workers does not negatively affect job opportunities, wages, or working conditions for U.S. workers. Through the PERM process, the DOL reviews details such as who the foreign employee will work for, where they will be employed, and what their compensation will be.
The core objective of the PERM program is to prevent the misuse of the immigration system to replace U.S. workers with lower-paid foreign labor. Although there is no filing fee for submitting a PERM application, the process is detailed and employer-specific, which makes it complex and not easily transferable between jobs.
Understanding the PERM Filing Process
The steps involved in filing a PERM Labor Certification depend on whether the position is classified as professional or non-professional. A professional position is one that requires at least a bachelor’s degree or its equivalent. If you’re unsure whether your role qualifies as a professional job, you can discuss your situation with an immigration attorney at Green Card Link.
1. Determining the Prevailing Wage
The first step requires your employer to obtain a prevailing wage determination from the DOL. This ensures fair compensation by establishing the minimum salary that can be offered for the position, based on geographic location and industry standards.
2. Conducting the Recruitment Process
After receiving the prevailing wage determination, your employer must advertise the position to see if qualified U.S. workers are available. This involves:
- Posting a job order with the State Workforce Agency for at least 30 days.
- Publishing two advertisements in the Sunday edition of a major newspaper in the area of employment.
For professional roles, employers must also select three additional recruitment methods from the following list:
- The employer’s website
- Radio or television advertising
- Campus or on-campus recruiting
- College or university placement offices
- Professional or trade organizations
- Private employment agencies
- Job fairs
- Employee referral programs with incentives
- Job search websites (e.g., Indeed, Monster)
- Local or ethnic newspapers
All applicants must be evaluated fairly, and if any qualified U.S. worker is available, the employer must offer the job to that individual.
For non-professional positions, only the job order and newspaper ads are required.
3. Filing Form ETA-9089
After the recruitment period ends—and at least 30 days after the final job posting—your employer may file Form ETA-9089 with the DOL. This stage can take several months to process, depending on the DOL’s workload.
PERM Audits and How to Handle Them
It’s possible that your PERM application may be audited by the DOL, which can extend the processing time. There are two main types of audits:
- Random Audits: These are selected without cause and cannot be predicted or avoided.
- Targeted Audits: These are triggered by specific issues, such as inconsistencies in the application, incomplete information, weak recruitment documentation, or potential indications of nepotism or fraud.
To minimize the risk of a targeted audit, it’s wise to work with an immigration attorney at Green Card Link who can ensure your documentation is accurate, complete, and consistent throughout the process. If your employer receives an audit notice, they must respond promptly—even if they later choose to withdraw the application.
Why Choose Green Card Link for Your PERM Process
Navigating the PERM Labor Certification or transferring an existing certification can be a complex process. The immigration attorneys at Green Card Link have years of experience in employment-based immigration and have successfully guided numerous clients through each stage—from recruitment and compliance to green card filing and audit response.
Whether you’re just beginning your journey or seeking assistance with a transfer, an experienced immigration attorney at Green Card Link can help your employer meet every requirement and avoid common pitfalls.
If you’re ready to begin, contact Green Card Link today to schedule a detailed consultation and get personalized guidance from immigration professionals who understand the PERM process inside and out.
How Green Card Link Can Help You
The team at Green Card Link is committed to helping clients navigate the PERM Labor Certification process with confidence. We assist with gathering the necessary evidence, communicating with employers, and ensuring compliance with DOL requirements.
Contact us today to learn more about how to start your PERM Labor Certification journey and take the next step toward your U.S. green card.