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. Key options to explore include: consulting an independent immigration attorney (not solely relying on the employer's counsel), asking the new employer to expedite the PERM process if the priority date becomes imminent, and monitoring the Visa Bulletin closely for EB-3 movement. 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.