Updated October 9, 2026. The October 8 announcement about technology companies and permanent labor certification raises an urgent question for foreign professionals: what happens to an employer-sponsored green-card plan when PERM processing is suspended?
An official October 8 statement from the office of U.S. Representative Suzan DelBene identifies Microsoft, Adobe, and other companies as suspended from the Permanent Labor Certification (PERM) program. The White House has also posted its October 8 briefing. For affected workers, the immediate task is to identify the precise agency action and the stage their own case has reached.
A PERM suspension can interrupt a major employment-based immigration pathway. It does not, by itself, establish that every green-card category is closed or that every employee has lost lawful status.
Microsoft, Infosys, TCS and the importance of checking the actual employer
Microsoft and Adobe are expressly named in the official written statement linked above. Employees at Infosys, Tata Consultancy Services (TCS), Cognizant, Wipro, HCL Technologies, and Capgemini should likewise obtain employer-specific confirmation before making decisions based on a circulating company list. This article does not independently confirm the exact restrictions applying to each of those additional companies.
The legal employer on a labor certification may differ from the brand an employee recognizes. Ask the employer's immigration team which entity is named in any Department of Labor notice, which applications it covers, when it took effect, and whether it addresses new filings, pending cases, or both. Do not assume every subsidiary or affiliate has identical treatment.
What PERM does in a green-card case
PERM is administered by the Department of Labor (DOL). It is generally required for many employer-sponsored EB-2 and EB-3 cases. The employer must complete the applicable wage and recruitment steps and establish that sufficient able, willing, qualified, and available U.S. workers are not available for the job, and that the foreign worker's employment will not adversely affect similarly employed U.S. workers. See DOL's PERM program overview.
A typical case has distinct stages:
- Labor certification: DOL reviews the employer's application, generally filed on ETA Form 9089.
- Immigrant petition: USCIS reviews Form I-140 and the requirements for the requested classification.
- Permanent residence: an eligible applicant completes adjustment of status in the United States or immigrant visa processing abroad, subject to visa availability and other requirements.
A labor certification is not itself a green card. The Department of State's employment-based immigrant visa guidance explains the relationship between labor certification, the immigrant petition, and later visa processing.
Find out where your case stands
If recruitment is underway or PERM has not been filed: ask whether the employer may submit the application and how any delay affects the recruitment and prevailing-wage schedule. An employer's promise to sponsor a case is different from a government filing or approval.
If PERM is pending: obtain the case number and confirm whether the application falls within the suspension. A processing hold and an individual denial are different actions. Continue tracking any notice or response deadline; do not assume a hold excuses an outstanding response.
If PERM is approved, or an I-140 or I-485 has already been filed: counsel should review the actual approvals, filing dates, and agency notices. A pause directed at DOL processing does not alone prove that a separate USCIS filing has been denied or an existing approval revoked. It also does not guarantee that later stages will be unaffected by a separate government action.
How long can a PERM suspension last?
One existing regulatory authority is 20 CFR 656.31(b). It permits DOL to suspend application processing in specified circumstances involving possible fraud or willful misrepresentation and related investigations. An initial suspension under that provision may last up to 180 days, with possible extension while investigations or judicial proceedings remain unresolved.
The 180-day provision is not a promise that processing will automatically restart after six months. The company's notice, any extension, and later agency or court action must be reviewed. The regulation also separately addresses debarment. A suspension should not automatically be described as a permanent ban, and an investigation is not a final finding that an employer or employee committed wrongdoing.
Current work authorization and future immigration plans are separate questions
H-1B is a temporary worker classification; PERM is a labor-certification process used in certain permanent-residence cases. Workers should review their current petition approval, Form I-94, employment circumstances, and any separate work-authorization document rather than infer their status from a company headline.
A delay can nevertheless matter for future planning. Some H-1B extensions beyond the usual six-year limit depend on qualifying labor-certification or immigrant-petition circumstances. A worker approaching that limit needs an individualized timeline review. See USCIS's H-1B guidance.
Before resigning, changing employers, withdrawing a filing, or booking travel, have counsel evaluate the effect on the entire immigration plan, including dependent family members. A new employer does not automatically take over every step of an existing case.
Could a PERM-exempt category be available?
Some permanent-residence categories do not require PERM. USCIS explains that a qualifying EB-2 national interest waiver may waive the job-offer and labor-certification requirements. EB-1 classifications also do not require labor certification, although their requirements differ.
These options require an independent eligibility assessment. A technology job, an advanced degree, or a suspended employer does not automatically qualify someone for a national interest waiver or extraordinary-ability classification. Evidence, petition requirements, visa availability, and the person's overall immigration history still matter.
What workers and employers can do now
- Request a written case update. Identify the sponsoring entity, case stage, and the actual agency notice affecting it.
- Collect the records. Keep petition and application receipts, approval notices, the current I-94, relevant employment documents, and correspondence about the suspension together.
- Make one timeline. List current status and work-authorization dates, any pending response deadlines, and planned filings. Include relevant dates for dependents.
- Review alternatives with counsel. Assess whether continuing the existing process, another employer-sponsored case, or a separate eligible category fits the facts.
- Preserve employer compliance records. Recruitment, job requirements, wage information, and government correspondence may be important in an agency review. Address questions through the employer's designated immigration counsel.
Cann Legal Group can help workers and employers evaluate the notices and documents that apply to their situation. The most useful starting point is a clear record of who is sponsoring the case, what has actually been filed, and which deadlines still require action.
This article provides general information as of October 9, 2026. It is not individual legal advice. Employer-specific scope and later developments should be checked before relying on a filing or employment strategy.
Official government references
- White House — October 8, 2026 briefing on visa fraud.
- U.S. House of Representatives, Office of Rep. Suzan DelBene — October 8 statement identifying Microsoft and Adobe.
- U.S. Department of Labor — Permanent Labor Certification (PERM).
- eCFR — 20 CFR 656.31, suspension and debarment provisions.
- U.S. Department of State — Employment-Based Immigrant Visas.
- USCIS — H-1B Specialty Occupations.
- USCIS — Employment-Based Immigration: Second Preference EB-2.
- USCIS — Employment-Based Immigration: First Preference EB-1.