Share this...

Facebook

Pinterest

Twitter

Linkedin

Microsoft, Adobe, and Others Suspended From Submitting PERM Applications

October 8, 2026

On October 8, 2026, at a White House press conference with Vice President JD Vance, Labor Secretary Keith Sonderling announced that the Department of Labor is suspending Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL, and Capgemini from the labor certification (PERM) program, citing active federal investigations. According to Secretary Sonderling, these companies have received over 230,000 H-1B approvals and over 100,000 PERM certifications since 2009. The Department will neither accept new PERM applications from these companies nor process those already pending.

Neither Vice President Vance nor Secretary Sonderling announced when (or if) these suspensions would end, and the government has not yet published any additional details.

Who Is Affected?

The suspension of PERM processing will impact many foreign national employees of the targeted companies. Those with pending PERM applications will see the processing of those applications halted for an unknown amount of time, while those whose applications have not yet been filed will be unable to submit new applications (also for an unknown period of time). This inability to submit new applications is particularly troublesome in the context of PERM, because Department of Labor PERM regulations require employers to go through a time-consuming (and costly) “test recruitment” before the PERM can be submitted. This process is also time-sensitive – the PERM must be submitted within a certain timeframe relative to the test recruitment – so many with in-progress test recruitments will see that effort go to waste as the clock runs out, with their employers still barred from submitting the actual application.

Ability to Remain in the U.S.

Some affected foreign national employees were likely relying on a certified PERM to allow them to remain in the United States at all. H-1B status carries with it a nominal six year limit; however, H-1B employees who are stuck in a quota backlog waiting for an employment-based green card can extend their H-1B status beyond those six years, in certain conditions. Because the quota backlog is so long for applicants from India – well beyond six years – many Indian H-1B employees need a certified PERM to enable them to remain in the United States past the six year limit. Employees from targeted companies who are in this position may not have time to restart the process (either with a new employer, or once the suspension is lifted) before reaching their max-out date, and so may have to leave the U.S. entirely.

Other Options to Consider

Employees of the targeted companies who were relying on a new PERM may want to consider finding employment with another employer or pursuing an alternate route to a green card. While PERM is by far the most common route to an employment-based green card, other options exist, including:

• National Interest Waivers

Allows applicants with an advanced degree or exceptional ability to skip the PERM process by showing that their work has substantial merit and national importance. Applicants can file for themselves, without an employer sponsor.

• EB-1

The “priority worker” green card category, which covers individuals with extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives. No PERM is required. Some EB-1 cases can be self-filed, while others still require employer sponsorship.

Unfortunately, these options will not be a good fit for all affected employees; some will simply be left without a good option for obtaining employment-based permanent residence, and so may need to abandon plans to settle permanently in the United States for the time being.

Looking Ahead

So far, there is no written announcement  from the relevant agencies about the suspensions or investigations. Importantly, there is no indication of when these suspensions might end, or whether additional companies will be targeted in the future. Simon, Choi & Tuohy will continue to track this story closely, and will provide updates as warranted. If you wish to discuss non-PERM options for employment-based green cards, please contact our office.

TAGS: DOL, PERM