If your employer is one of eight major technology companies recently suspended from the U.S. Department of Labor’s PERM program, you may be wondering whether your green card plans are now on hold. You may also be asking a more immediate question: Can you still work in the U.S.?
On October 8, 2026, the Trump administration announced that it was suspending Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies, and Capgemini from the PERM labor certification process. Labor Secretary Keith Sonderling said the Department of Labor would not accept new or process pending PERM applications involving these companies.
Here’s what the announcement means, what remains uncertain, and what you can do if your immigration plans involve one of these employers.
What is DOL’s PERM suspension, and why were 8 tech employers targeted?
PERM stands for Program Electronic Review Management. It is the Department of Labor’s permanent labor certification process, which is generally required before an employer can sponsor a worker for an employment-based green card in the EB-2 or EB-3 categories.
Through PERM, an employer must generally test the U.S. labor market and show that there are not enough able, willing, qualified, and available U.S. workers for the job, and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The eight affected companies are:
- Microsoft
- Adobe
- Cognizant
- Infosys
- Tata Consultancy Services (TCS)
- Wipro
- HCL Technologies
- Capgemini
The administration has raised concerns about hiring practices, including allegations that some employers relied heavily on foreign workers while U.S. workers faced layoffs or were not given a fair opportunity to compete for positions.
Vice President JD Vance said, “Our message to Microsoft is: You’re a great American company, but you’ve got to hire great American workers.” Labor Secretary Sonderling stated that the department would not accept new or process pending PERM applications involving the companies.
These statements reflect the administration’s stated position. They do not establish that every affected employer or every PERM application involved wrongdoing.
What changes for workers? According to the announcement, new PERM applications involving the listed companies will not be accepted, and pending applications will not be processed during the suspension. That can interrupt the green card process for employees who need this labor certification before their employer can file an I-140 immigrant petition.
Does the PERM suspension affect H-1B visa holders already working in the U.S.?
Not automatically. PERM and H-1B serve different purposes.
PERM is a step toward permanent residence. H-1B is a temporary work classification that allows an eligible employer to employ a foreign professional in a qualifying specialty occupation.
The suspension targets PERM processing, not the H-1B program itself. An employee with valid H-1B status is not automatically required to stop working simply because their employer’s PERM application is affected.
However, you should check your individual immigration records rather than assume nothing has changed. Review your H-1B approval notice, your I-94 expiration date, and any pending extension or change-of-employer petition. Your visa stamp, which is generally used to request admission at a U.S. port of entry, is not the same as your authorized period of stay inside the country.
If your employer is affected, ask its immigration counsel whether the suspension changes the timing of your green card process or creates a problem with any upcoming filing. The answer may be different for someone whose H-1B expires soon and someone with several years remaining.
What happens to pending PERM applications and green card cases?
The effect depends on the stage of your case.
If your PERM application is pending, the announced suspension may prevent the Department of Labor from processing it while the restriction remains in effect. That could delay your employer’s ability to move forward with an I-140 petition.
If you have an approved I-140, the situation is different. A PERM suspension does not, by itself, automatically invalidate that approval. The same applies to an existing green card: the announcement does not automatically revoke permanent residence.
Workers with pending or approved I-140 petitions should ask counsel to review the petition’s status, the priority date, and any conditions that could affect future filings. A priority date generally establishes a person’s place in line for an immigrant visa, but whether it can be retained and used depends on the applicable rules and the history of the case.
If you have already filed Form I-485, the application to adjust status to permanent residence, do not assume the suspension automatically cancels it. Employment-based adjustment applicants may have job-portability options in certain circumstances, including when an eligible I-485 has been pending for at least 180 days and the new job is in the same or a similar occupational classification.
The important point is that a PERM suspension does not produce the same outcome for every employee. The date and type of each filing matter.
Can H-1B workers still extend their status if their employer cannot file PERM?
Potentially, yes. But your eligibility depends on your circumstances.
H-1B status is generally limited to six years, although certain workers can qualify for extensions beyond that period. Under the applicable rules, a worker may qualify for extensions in one-year increments if at least 365 days have passed since a qualifying PERM labor certification or employment-based immigrant petition was filed. Some workers with approved I-140 petitions may qualify for extensions of up to three years when an immigrant visa is unavailable because of applicable per-country limits.
A PERM suspension could create a problem for someone who has not yet started the green card process and is approaching the six-year H-1B limit. If a new labor certification cannot be filed, the employee may lose an opportunity to start the process early enough to qualify for certain extensions.
That does not mean every affected H-1B worker will lose extension eligibility. An existing qualifying PERM filing or approved I-140 may still be relevant, depending on the rules and the facts of the case.
If your H-1B period is approaching expiration, ask an immigration attorney to review your remaining time, any qualifying filings, and possible extension options before making decisions about your job or future in the U.S.
Can affected workers change jobs or transfer their H-1B to another employer?
An H-1B worker may be able to move to an employer that is not affected by the PERM suspension. Under H-1B portability rules, eligible workers can generally begin working for a new employer once that employer properly files a qualifying H-1B petition, rather than waiting for approval. Eligibility and timing should be confirmed before starting the new job.
Changing employers, however, does not automatically transfer an existing green card case to the new company.
If your PERM application is still pending, the new employer will generally need to consider its own labor certification process if the new position requires PERM. If you have an approved I-140, you may be able to retain your priority date under applicable rules, but that does not mean the new employer can simply take over the old petition.
Some workers with a qualifying pending I-485 may have additional flexibility to change jobs under the same-or-similar occupation rules. Others may need a new employer-sponsored process.
Before resigning or accepting a new position, find out what would happen to your H-1B status, your green card sponsorship, and any priority date you may have established.
What can employers and foreign workers do while the suspension remains in place?
Start by establishing exactly where your case stands. Ask your employer’s immigration team or independent immigration counsel to review your PERM application, I-140 petition, and any I-485 application.
Then take these steps:
Check your deadlines. Review your H-1B approval notice and I-94 expiration date, and discuss extension eligibility well before your current authorization expires.
Confirm existing approvals. Determine whether an approved I-140 or an earlier qualifying filing may affect your options.
Understand the alternatives. Depending on your circumstances, another employment-based category, a qualifying family-based petition, or a different lawful immigration option may be worth exploring.
Keep records. Save copies of approval notices, filing receipts, employment records, and communications about your sponsorship.
Follow official updates. Monitor the Department of Labor and USCIS for changes to the suspension, processing instructions, or relevant court proceedings.
Do not assume a new PERM filing is possible simply because your employer has begun recruitment or prepared paperwork. Confirm the current position with counsel before relying on a filing date or expected timeline.
What happens next? Can the 8 tech employers challenge the PERM suspension?
The suspension raises questions about its duration, scope, and potential legal challenges. The affected companies may seek administrative or judicial review, but the announcement alone does not establish whether a challenge has been filed or when processing might resume.
As of October 12, 2026, the public reporting available for this blog post describes the suspension announcement and the government’s stated position. We could not verify a publicly available written decision setting out a complete case-by-case rationale or a fixed end date for all eight companies. The quoted statements above are from the public announcement, not a judicial ruling.
That distinction matters. Until further official guidance or a court order changes the situation, affected employees should plan around the current suspension rather than assume that processing will restart by a particular date.
For workers, the developments to watch include any published DOL instructions, legal challenges, changes to the scope of the suspension, and announcements about whether pending applications can resume processing.
The broader policy debate may continue, but your next step should be based on your own filings and deadlines, not speculation about what the government or the companies might do.
The Law Offices of Anne Z. Sedki
If your employer is one of the eight companies affected by the PERM suspension, you may be concerned about your job, your H-1B status, or the green card process you have spent years pursuing.
At the Law Offices of Anne Z. Sedki, we help individuals and families understand their immigration options and plan their next steps. With offices in New York and New Jersey, the firm serves clients nationwide and worldwide.
Whether you need help reviewing an existing employment-based case, understanding potential H-1B extension options, or exploring another lawful path to permanent residence, an individual review can help clarify what the suspension means for you. Contact us to book a consultation today.
This article provides general information and is not a substitute for legal advice about your specific circumstances.
Frequently asked questions (FAQs) on the suspension from PERM
What is the PERM suspension for eight tech companies?
It is a Department of Labor action stopping the acceptance and processing of PERM labor certification applications involving eight named technology companies.
Which companies have been suspended from the PERM program?
Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies, and Capgemini.
Does the PERM suspension cancel H-1B visas?
No. The suspension concerns PERM processing. It does not automatically cancel existing H-1B status or visa approvals.
Can I still work in the U.S. if my employer’s PERM application is suspended?
You may be able to continue working if you maintain valid work authorization. Check your H-1B status and expiration dates.
What happens to my pending PERM application?
The Department of Labor has said it will not process pending PERM applications involving the affected companies during the suspension.
Can I still get a green card if my employer is suspended from PERM?
Possibly, depending on your case stage and whether you have an existing approval or another available immigration pathway. Get advice specific to your case.
Can I extend my H-1B visa without a new PERM application?
Some workers qualify for extensions based on an existing qualifying PERM filing or an approved I-140. Eligibility depends on the applicable requirements and your immigration history.
Can I change employers while my PERM application is pending?
You may be able to change employers and transfer your H-1B if you qualify, but a pending PERM case does not automatically transfer to the new employer.
Will my approved I-140 or priority date be affected?
The suspension alone does not automatically invalidate an approved I-140. Priority-date retention and the effect on future filings depend on the circumstances of your case.
How long will the PERM suspension last?
No fixed end date has been verified in the public information reviewed for this article. Monitor official DOL announcements and any court proceedings for updates.
