PERM-Based I-140 Petitions
Many employer-sponsored EB-2 and EB-3 cases reach USCIS after the Department of Labor certifies Form ETA-9089. Certification does not automatically establish that USCIS must approve the immigrant petition.
At the I-140 stage, the employer still needs to show that the beneficiary satisfies the requirements of the certified position and the requested immigrant classification.
USCIS may compare diplomas, transcripts, credential evaluations and employment verification letters with the minimum education, training and experience stated in ETA-9089. An experience letter that confirms employment but does not establish the required duties or period of qualifying experience may leave an essential element unresolved.
A certified permanent labor certification is generally valid for 180 days. An I-140 petition relying on that certification generally must reach USCIS while the certification remains valid.
