EB-3 Success Case: PERM Started on OPT, Green Card via Adjustment
EB-3 success case: PERM during OPT, status bridge to green card. Employment-based path for recent graduates.
Short answer: While on post-completion OPT, an applicant’s U.S. employer started EB-3 recruitment and PERM, then obtained I-140 approval. The applicant maintained status through a bridge (e.g. H-1B or other lawful status) and, when the priority date was current, filed I-485 and adjusted to permanent residence.
Why OPT was the critical window
OPT gives the employer time to decide on long-term hiring and to start a lengthy PERM. Waiting until OPT ends to discuss a green card risks a status gap. This case launched recruitment and document prep during OPT, buying time downstream. See US EB-3 Employment-Based Immigration.
Status bridge cautions
PERM and I-140 do not by themselves authorize work. After OPT ends, another status (such as H-1B) or stopping work is required. The case planned a bridge so the person was not accruing unlawful presence while PERM was pending. After I-485 was filed, an EAD reduced reliance on a single nonimmigrant status.
Outcome and lessons
Adjustment approved. For graduates in the U.S.: treat “will this employer run PERM?” as a job-choice criterion; budget time for audits and backlog. For employers: earlier starts retain talent more reliably.
Case snapshot
| Item | Detail |
|---|---|
| Start | During OPT |
| Path | PERM → I-140 → status bridge → I-485 |
| Result | Adjustment to green card |
Global Immigrate’s recommendation
OPT holders should discuss long-term plans with the employer in year one—not in the last three months. Confirm prevailing wage and degree-to-job match. Even worldwide quota cases need the monthly bulletin. Seek counsel before any status gap.
Data current as of October 2026. General information only; not legal advice. Individual results vary.
Frequently asked questions
Can I pursue EB-3 during OPT?
Yes, PERM/I-140 can start; work authorization still depends on OPT or a later status—not on I-140 alone.
If I miss H-1B, is the green card over?
Not necessarily; other status or consular strategies may exist—must be designed case by case.
Is STEM OPT more helpful?
A longer work-authorization window helps finish PERM; it does not by itself speed the visa backlog.
Can this case be copied?
The timeline logic can; employer willingness, degree match and backlog differ—results are not guaranteed.
Official sources
General information only, not legal advice. Immigration rules and the Visa Bulletin change; check the official sources above before you decide. Petitions are prepared and filed by the sponsoring employer’s licensed U.S. immigration attorney.