Is PERM filed with USCIS?

No. PERM is a Department of Labor process. The I-140 that follows it is filed with USCIS.

Can I take my PERM to a new employer?

No. The labour certification is tied to that employer and that position. The priority date, once an I-140 is approved, is what can carry over.

OfficialU.S. Department of Labor — Permanent Labor Certification · Last verified 17 Aug 2026

PERM: what the labour certification step is actually testing

PERM is a Department of Labor process, not a USCIS one. It tests whether qualified U.S. workers are available for the role, and it comes before the I-140.

The three stages

Your employer requests a prevailing wage determination from the Department of Labor, conducts a specified programme of recruitment to test the labour market, and then files Form ETA-9089. The certification, if granted, says that there were not sufficient U.S. workers able, willing, qualified and available for the role, and that hiring you will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Source: U.S. Department of Labor — Permanent Labor Certification · in effect from 2005-03-28

It belongs to the employer

The labour certification is filed by the employer for a specific position at a specific worksite. It is not portable on its own and it is not yours to take to another company. What becomes portable later is the priority date, once an I-140 based on this certification has been approved.

Source: U.S. Department of Labor — Permanent Labor Certification · in effect from 2005-03-28

Official

Frequently asked questions

Is PERM filed with USCIS?: No. PERM is a Department of Labor process. The I-140 that follows it is filed with USCIS.
Can I take my PERM to a new employer?: No. The labour certification is tied to that employer and that position. The priority date, once an I-140 is approved, is what can carry over.