Nov 2026 bulletinEB-2 · India 01 Nov 2013 · China 01 Oct 2021 · Rest of world 01 Apr 2025PERM~10.0 months

Explainers / Policy

PERM suspension for 8 employers: what it means if you work there

On October 8, 2026 the Labor Department said it will not accept new, or process pending, PERM labor certifications involving Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL and Capgemini. What changes, what doesn't, and what to check if you're waiting on a green card.

Last verified 2026-10-08 Reviewed October 12, 2026 General guidance, not legal advice. Always check with a qualified attorney

What was announced

At a White House press conference on October 8, 2026, Labor Secretary Keith Sonderling said the Department of Labor “will not accept any new or process any pending permanent labor certification applications” involving eight companies: Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL and Capgemini. Vice President JD Vance, who leads the White House anti-fraud task force, said the companies are under federal investigation. These are allegations, not findings. Microsoft said it would give the administration more information about how it uses the program.

PERM labor certification is the first step of most employment-based green cards (EB-2 and EB-3). Without a certified PERM, the employer can’t file the I-140 that sets your place in the queue.

As of October 8 there was no written notice in the Federal Register or on the Labor Department’s site. So it isn’t yet clear how long the suspension lasts, whether it covers every related company or subsidiary, or whether it touches PERMs that were already certified. This page will be updated when the notice appears.

What it doesn’t change (as announced)

  • Your H-1B status and your job. The announcement is about green card labor certification, not H-1B petitions.
  • An approved I-140. Once an I-140 is approved, you generally keep its priority date for a later I-140 with any employer. The exceptions are revocation for fraud or willful misrepresentation, invalidation of the labor certification, or a material error. Because the announcement mentions fraud investigations, keep copies of your I-140 approval notice and ask an attorney whether anything in your case could be affected.
  • Three-year H-1B extensions beyond six years. These rest on an approved I-140 and a backlog for your country. They continue, including with a new employer.

Who is most affected

  • A PERM pending at one of these employers. It is frozen for now. You can’t speed it up, and there’s no date when processing resumes.
  • PERM not filed yet, or still in recruitment. The employer can’t file. Recruitment has to be filed within set time limits, so finished recruitment may go to waste.
  • Close to the six-year H-1B limit without an approved I-140. One-year extensions beyond six years need a PERM or I-140 filed at least 365 days before you reach six years. Whether a PERM frozen by this suspension still counts is not yet clear. If your six-year date is within about 18 months, talk to an immigration attorney now.

Options people are looking at

  • Changing employers. A new employer starts PERM from scratch, but an approved I-140 keeps your priority date. Start only after the new employer files your H-1B transfer. See changing jobs on H-1B.
  • EB-2 National Interest Waiver. No PERM, and you can file it yourself. See EB-2 NIW.
  • EB-1. No PERM for extraordinary ability, outstanding researchers or multinational managers. See EB-1.
  • Check your dates. The six-year clock shows when you hit six years and which extension rules apply. I-140 and your priority date explains what you keep.

What not to do

  • Don’t resign before a new employer has filed your H-1B petition.
  • Don’t pay anyone who promises to “unfreeze” a PERM or guarantees a green card; see scam watch.
  • Don’t rely on social media summaries. Wait for the written notice, and get advice on your own dates.

The good

  • Your current H-1B status and job are not changed by the announcement
  • An approved I-140 generally keeps your priority date, even with a new employer
  • EB-2 NIW and EB-1 do not need PERM at all

The hard

  • Pending PERM cases at these employers are frozen, with no end date given
  • No written notice yet, so the details (subsidiaries, duration) are unclear
  • People near the six-year H-1B limit without an approved I-140 have the least room

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Sources

  1. CNBC: U.S. suspends Microsoft, Adobe from green card labor program (Oct 8, 2026)
  2. Spectrum News: Trump admin suspends Microsoft from green card program (Oct 8, 2026)
  3. The Tribune: US suspends 8 IT firms from permanent labour certification programme (Oct 8, 2026)
  4. 8 CFR 204.5(e): keeping a priority date from an approved I-140
  5. 8 CFR 214.2(h)(13)(iii)(D)-(E): H-1B extensions beyond six years

Rules change often. If something here looks out of date, it probably is; check the official source and talk to an immigration attorney about your own case.