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.
Câu hỏi thường gặp
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.
Nguồn chính thức
Đây chỉ là thông tin chung, không phải tư vấn pháp lý. Quy định định cư và Visa Bulletin có thể thay đổi; hãy kiểm tra các nguồn chính thức nêu trên trước khi quyết định. Hồ sơ bảo lãnh do luật sư di trú Hoa Kỳ có giấy phép của nhà tuyển dụng bảo lãnh chuẩn bị và nộp.