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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

ItemDetail
StartDuring OPT
PathPERM → I-140 → status bridge → I-485
ResultAdjustment 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.

常见问题

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.

官方资料来源

本文只提供一般信息,并非法律意见。移民规则及排期会变更,作决定前请先查阅上列官方资料。申请文件由担保雇主的美国持牌移民律师准备及递交。

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