An approved PERM labor certification is an important milestone, but it is not the end of the employment-based green card process. H-1B professionals can still face Form I-140 processing, immigrant visa backlogs and adjustment-of-status delays. The right next step depends on the worker’s priority date, country of chargeability, current immigration status and the sponsoring employer’s continued job offer.

What Happens After PERM Is Approved?

In a typical PERM-based EB-2 or EB-3 case, the employer files Form I-140, Immigrant Petition for Alien Workers, with USCIS. The filing must generally occur within the labor certification’s validity period, commonly 180 days from certification. The petition establishes whether the offered position and beneficiary meet the relevant immigrant classification requirements.

Approval of Form I-140 does not itself grant permanent residence, work authorization or permission to remain in the United States. The worker usually must wait until an immigrant visa number is available before completing adjustment of status in the United States or consular immigrant visa processing abroad.

Why Can the H-1B Green Card Still Be Delayed?

Visa numbers are subject to annual numerical limits and per-country restrictions. A worker’s priority date is compared with the U.S. Department of State Visa Bulletin and the chart USCIS designates for adjustment filings that month. Backlogs can be especially significant for some countries and employment-based categories.

An employer’s corporate changes, job changes, documentation issues or government requests for evidence can also add time. A PERM approval is therefore best viewed as one completed stage, not a guarantee of when a green card will arrive.

Can An H-1B Worker Stay Beyond Six Years?

Certain employment-based green card beneficiaries may qualify for H-1B visa extensions beyond the usual six-year limit. Under applicable rules, one-year extensions may be available when a qualifying labor certification or immigrant petition was filed at least 365 days before the relevant point. Three-year extensions may be available for certain beneficiaries with approved I-140 petitions who cannot obtain permanent residence because immigrant visa numbers are unavailable.

These are conditional provisions, not automatic entitlements. Timing, petition history, eligibility and employer filing choices all matter. A worker should not wait until the final weeks of authorized stay to assess them.

What If PERM Labour Certification Is Approved but the Employer Pauses Sponsorship?

Ask whether the employer intends to file or maintain Form I-140, and whether the underlying permanent job offer remains valid. A PERM approval generally cannot simply be handed to another employer. If the worker changes employers, a new PERM process may be required, although priority-date retention from an approved I-140 may be possible under relevant rules.

The consequences differ for someone with only PERM approval, someone with an approved I-140, and someone who has filed Form I-485 and may qualify for adjustment portability. These stages should not be treated as interchangeable.

How Can Workers Prepare for a Longer Wait?

Track the priority date and relevant Visa Bulletin category monthly. Maintain valid nonimmigrant status or another lawful basis to remain, as applicable. Retain copies of PERM certification, I-140 notices, passport records and employment documents. Discuss any job move, layoff, travel or change in work location before taking action.

Workers exploring alternatives should assess whether Canada offers a viable skilled immigration route. Express Entry and provincial nomination pathways have separate criteria; U.S. work history alone does not guarantee Canadian permanent residence.

H-1B Green Card Delayed? Canada Could Be Your Next Opportunity

Waiting years for a US green card after PERM approval can leave your career, family plans, and future uncertain. Butwhy let immigration backlogs determine your future when Canada could offer another pathway?

With immigration programs such as Express Entry and Provincial Nominee Programs (PNPs), Canada offers eligible skilled professionals opportunities to pursue permanent residence without relying on the US employment-based green card process.

Whether your H-1B green card application is delayed, your priority date remains backlogged, or you are reconsidering your long-term immigration goals, ImmigCanada can help you explore Canadian permanent residence options tailored to your qualifications and experience. Connect with ImmigCanada today and discover how your next chapter could begin in Canada.

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