Can I Change Jobs After PERM Approval?

For most seeking employment-based green cards, having their employer pursue PERM Labor Certification is the first step in the process. The PERM process involves a series of requirements the employer must complete, such as a recruitment process and obtaining the prevailing wage determination. PERM is in place to help prevent employers from taking advantage of the immigration system, seeking foreign labor that would be willing to work for lower wages and preventing other American workers from securing gainful employment. PERM is a lot of work for the employer and can take a substantial amount of time to complete. During that time, the foreign worker may find another job that may be better suited to them. The question then arises as to whether or not he or she may switch prospective jobs either during the PERM process or after PERM approval.

Can I Change Jobs During PERM or After PERM Approval?

You may always have the option to change jobs. This means you can change jobs during PERM or after PERM. However, know that, in the vast majority of cases, changing jobs means going through the PERM process all over again. A new job means new PERM. If the employer wants to find a new foreign worker to take the job position, the original employer may not need to go through the PERM process again.

If you want to change jobs during PERM or after PERM approval, your original employer will most likely withdraw the PERM request as soon as you pursue another job. Your new prospective employer will have to start the PERM labor certification process from its beginning. PERM certification is not related to a specific employee. It is tied to a specific job. That is why a new job will almost always require new PERM certification.

Having your employer file the I-140 immigration petition is the second step in the process and happens once PERM labor certification has been approved. Changing jobs at this step in the process will almost always require your new employer to file a new PERM and then a new I-140 petition. One of the big exceptions to this is if the new employer company is a successor in interest to the original employer company.

This involves an understanding and analysis of mergers and acquisitions laws. Another exception involves the American Competitiveness in the Twenty First Century Act (AC-21). If the foreign worker fulfills the mobility requirements under Section 106 of the American Competitiveness in the Twenty First Century Act (AC-21), then the new employer will not need to file a new I-140 petition. Rather, they can move to a new place of employment upon the passing of 180 days after the filing of the adjustment of status (I-485) application.

Immigration Law Attorneys

If you are an employer looking to go through the PERM process or you are a foreign worker trying to find out how to obtain an employment-based green card, consult with the dedicated immigration attorneys at Nachman, Phulwani, Zimovcak Law Group, P.C. Immigration laws are complex and specific. We will not only answer any questions you may have, but we will walk you through every step of the process. Contact us today.

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s website at