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What does a PERM restart actually cost?

Your I-140 priority date is portable. Your PERM is not. When you transfer employers, the new employer must run a fresh PERM start- to-finish — typically 24-30 months before they can even file the new I-140. This tool quantifies the time, dollar, and AC21 protection impact for your specific situation, and tells you what to negotiate before signing.

What you're walking away from

PERM doesn't transfer between employers. Your priority date does (under AC21 §106(d)) — but only if your I-140 is already approved. This tool quantifies the time + dollar + AC21-protection impact of a transfer at your specific PERM stage.

Where your CURRENT PERM stands

Counting from prevailing wage filing or recruitment start.

mo

0-6+. Past 6, you need AC21 §104(c) or §106(a) extensions.

yr

≥180 days unlocks AC21 §104(c) 3-year extensions.

days

Your protection state

The new employer

For opportunity-cost framing of the wait.

$

One rule the worker can't break

Per 20 CFR 656.12(b) + DOL Fact Sheet 62Q, the EMPLOYER must pay all PERM costs. Worker-paid PERM is illegal. This includes attorney fees, recruitment ads, prevailing wage filing — everything. If a new employer asks you to "split costs" or reimburse them, that's a regulatory violation that can void the entire PERM.

Total time impact

34 months to a new I-140

New PERM (~27 mo) + I-140 adjudication (standard timing). You're losing 14 months of progress on the current PERM.

What the new employer will spend

All costs are EMPLOYER obligations under 20 CFR 656.12(b) + DOL Fact Sheet 62Q.

  • Immigration counsel

    Larger firm + more touch points.

    $12,000

  • Recruitment advertising

    $6,000

  • Prevailing wage determination filing

    $0

  • Audit response buffer

    $7,000

  • Internal HR / talent time

    Documenting recruitment good-faith effort.

    $3,000

  • Total employer outlay

    $28,000

Your AC21 protections after the transfer

  • ✗ No independent I-140 approval = no portable priority date. Whatever priority date the current PERM/I-140 was building toward is GONE if you transfer before I-140 approval. The new employer's PERM starts from zero.

Risks you're absorbing

  • India/China-born workers in EB backlogs (decades long) cannot afford to lose priority date momentum. Transferring before I-140 approval is the single most expensive immigration decision available — you restart a multi-year wait. If at all possible, wait for I-140 approval before moving.

What to negotiate before signing

  • Ask the new employer to file PERM IMMEDIATELY upon your start date — not after you've proven yourself for 12 months. Every month delayed is a month farther from AC21 §106(a) protection.
  • Ask the new employer to commit to premium processing on the I-140 (saves ~6 months). I-140 PP also unlocks AC21 §104(c) on day 180 of approval, so faster I-140 = faster AC21 lifeboat.
  • Get the new employer's PERM strategy in writing as part of the offer. "We sponsor green cards" is meaningless without (a) start date for PERM, (b) attorney name, (c) commitment to file I-140 WITH premium processing.
  • The new employer's all-in PERM cost is roughly $28,000 for your seniority bucket. Knowing this lets you push back on "we only sponsor after 12 months" — a $28,000 sponsorship cost is rounding error vs your annual salary contribution.

The hardest call

India/China-born + no I-140 approval yet = the single most expensive transfer scenario in immigration. Restarting a PERM from zero pushes your green card timeline back by years (the underlying backlog hasn't shortened — it's gotten worse). If the current employer is salvageable AND will commit to filing your I-140 within the next 90 days, that's likely worth more than any salary jump at the new role.

The three things workers consistently underestimate

1. PERM doesn't transfer

The labor certification (PERM) is filed by — and belongs to — the petitioning employer. It documents that no qualified US worker was available for the specific role at the specific wage at the specific worksite at the specific time. None of that survives the transfer. The new employer must run their own recruitment, file their own prevailing wage determination, and submit their own ETA-9089. The 24-30 months your current employer spent? Gone.

2. The priority date IS portable — but only after I-140 approval

Under AC21 §106(d), an APPROVED I-140's priority date is yours forever. It carries forward to any subsequent I-140 the new employer files. This is the famous "you keep your place in line" rule. The catch: it requires an APPROVED I-140. If you transfer with PERM-certified-but-I-140-pending, you take the priority date risk; if you transfer with PERM-pending, you lose everything. India/China-born workers in EB backlogs cannot afford this loss — restarting a PERM from zero pushes the green card timeline back by years.

3. AC21 §106(a) extensions reset

If you're past the 6-year H-1B cap and surviving on AC21 §106(a) 1-year extensions (PERM-pending-365+-days), the transfer resets that clock. The NEW employer's PERM must hit 365 days before you regain that protection. If your current H-1B period ends before the new PERM hits 365 days, you may have to leave the US. This is the single most overlooked transfer risk for senior workers.

What worker-paid PERM looks like — and why it's illegal

20 CFR 656.12(b) and DOL Fact Sheet 62Q both state explicitly that the EMPLOYER is responsible for ALL costs related to PERM: attorney fees, recruitment advertising, prevailing wage filing, internal HR time. The worker cannot pay any of it. This isn't a negotiable line item; it's a regulatory floor. Watch for these disguises:

  • "Reimbursement" — employer pays attorney, then deducts from your bonus or future salary
  • "Cost-share split" — even partial worker payment can void the PERM
  • "Retention bond" — agreement that you'll repay PERM costs if you leave within X years (different rules apply to true retention bonuses, but PERM-cost-recovery is illegal)

If a small employer balks at sponsoring because of cost, the answer isn't "I'll pay" — it's "let's talk about whether the role is the right fit." A worker who pays for PERM has signed up for a green card application that can be voided years later on audit.

Pair this with the AC21 calculator to model your specific extension eligibility, and the severance optimizer to see whether negotiating "current employer files I-140 before I leave" is worth more than the salary jump at the new employer.

This is an information-only tool, not legal advice. You are responsible for your decisions. When in doubt, consult an immigration attorney.