Priority Date Porting After Layoff: Options for EB-3 Applicants

A long-wait EB-3 applicant with an approved PERM and I-140 from 2016 is navigating a complex situation after being laid off in 2024. Their new Fortune 10 employer agreed to sponsor a new PERM and port the original January 2016 priority date, but a company-wide layoff at the end of 2025 has pushed the restart of the PERM labor market test to mid-2026. For EB-3 applicants in similar situations, the key protection is that an approved I-140 retains its priority date even after the sponsoring employer relationship ends, provided the I-140 was approved for at least 180 days before revocation. In this case, the petitioner's I-140 was approved for approximately 8 years, so the priority date should be fully portable to a new employer's sponsorship. However, the critical issue is timing. PERM labor market tests cannot be filed during a company's 'cooling off' period following layoffs in the same or related occupational classification. This is a DOL requirement designed to protect U.S. workers, and Fortune 500 companies are not exempt. The mid-2026 restart timeline may be legally required, not optional. If the priority date becomes current before the new PERM is approved and a new I-140 filed, the applicant cannot directly file for adjustment of status (Form I-485) without an approved petition under their name. One potential option to explore with an immigration attorney is whether any other employer could sponsor them more quickly, or whether there are any EB-3 concurrent filing strategies available given their circumstances. Applicants in layoff situations should consult with an independent immigration attorney — not solely relying on the employer's counsel — to evaluate all available options, including potential self-sponsorship pathways or expedited processing requests.