Porting Priority Date After Layoff: EB-3 Worker Faces Employer Delays

An EB-3 applicant with an approved PERM and I-140 from 2016 is facing significant delays after being laid off in 2024. The worker had maintained their priority date through 8 years of employment with the original employer while waiting for their category to become current. After securing a new employer willing to refile the PERM and port the January 2016 priority date, the process was greenlit in September 2025. However, the new employer subsequently conducted layoffs and entered a 'cooling off period,' pushing the labor market test start date to mid-2026. The core concern is whether the priority date could become current before the new PERM is filed and approved. Under AC21 portability rules, the worker's original I-140 remains approved and the 2016 priority date is preserved — but a new PERM and I-140 must be approved by the new employer before adjustment of status can be filed. This case highlights the vulnerability EB-3 workers face when employer delays intersect with visa bulletin movement, underscoring the importance of independent legal counsel separate from employer-retained attorneys.