PERM dilemma with May 2016 PD: File for current role vs. next level up?
Hey everyone,
Looking for some perspective and real-world experiences regarding PERM job leveling and future career progression. Situation:
- Priority Date: May 2016 (EB-2, ported from a previous employer's approved I-140).
- Current Status: My current employer has just kicked off the PERM process.
- The Question from Immigration/Attorneys: They are asking whether we should file the PERM based on my current role or for a future role (the next level up).
Dilemma:
- Slow Promotions: Internal promotions at my company move very slowly. There is currently no active promotion pipeline or timeline in place for me.
- PD Movement Concern: Because my PD is May 2016, if the priority date becomes current (or moves faster than anticipated) and the PERM was filed for the next level up, I worry about being in a spot where I haven’t actually been promoted to that role yet to file/adjust status (I-485).
- Current Lean: My gut feeling is to play it safe and file for my current level. Especially since I am more concerned about priority date becoming current suddenly and me not being ready to apply. If the priority date is going to take a long time, then who cares anyway. I might change employers by then and may not even be in the US
If we file at my current level and a promotion happens down the line before the date becomes current, is there a way to reuse perm even if it was for a role a level down? Maybe it will be better if I stick to IC track instead of manager track even if promotion does happen?
- Individual Contributor (IC) Track: If I stay on the IC track, the core job duties, skill requirements, and SOC code will remain largely the same (>50% overlap). In this scenario, has anyone successfully adjusted status (or used AC21 / Supplement J portability) without having to redo PERM from scratch?
- Management Track: If I transition to a people management role, the job duties will shift significantly. Does moving to management almost always trigger the need for a brand new PERM/I-140?
- Overall Strategy: Given that my PD is from 2016 and promotions are not guaranteed or fast at my company, does it make sense to prioritize getting an approved I-140 locked in at my current role ASAP, or is there a compelling reason to target the higher level?
Would appreciate any insights, attorney advice you’ve received in similar spots, or personal experiences navigating this. Thanks!
TL;DR: May 2016 PD. PERM starting. Company asked whether to file for current role vs. next level up (promotions are very slow here). Leaning toward current role to avoid being blocked if PD becomes current. Looking for insights on whether a future promo on the IC track requires a PERM redo versus switching to management, and what strategy makes the most sense.
Posted Aug 30, 2026, 7:25 PM UTC