Short answer: The PERM suspension covers Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies, and Capgemini. According to legal and press reports about the October 8, 2026 announcement, the Labor Department will neither accept new PERM applications involving these employers nor process their pending cases, and the reported action is limited to those eight employers.
However, the announcement did not automatically cancel an employee’s current H-1B status or an already approved I-140 petition. It does block affected PERM cases from moving normally toward the next stage, and the government announced no end date.
What you will find in this article
- Which eight employers face the reported suspension
- What stops for new and pending PERM cases
- What remains unchanged for H-1B and approved I-140 records
- How the current stage affects an employee’s options
- Which EB-1 and EB-2 routes do not require PERM
- What documents an affected worker should gather now
Quick overview
| Question | Short answer |
|---|---|
| Which companies are covered? | Microsoft, Adobe, and six large IT services employers. |
| Can they file a new PERM case? | Not while the suspension remains in place. |
| Will DOL process pending cases? | The announcement says it will not. |
| Did the action cancel H-1B status? | No. It targets the PERM program. |
| Did it cancel approved I-140 petitions? | No automatic mass cancellation was announced. |
| Are other employers blocked? | Reporting describes a targeted action against eight employers. |
What did the PERM suspension do?
First, Labor Secretary Keith Sonderling announced the action with Vice President JD Vance on October 8. The named employers are Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies, and Capgemini. Reuters reported that DOL would stop accepting new applications and processing pending ones involving those companies.
Second, the announcement cited active federal investigations concerning Microsoft and Adobe. It pointed to filing volume for the six IT services companies. Those reasons come from reports about the announcement, not a DOL press release located as of the legal check date. Companies disputed the allegations. Therefore, employees should not treat an investigation as a finding against any company or worker.
Finally, the suspension has no stated end date. Still, indefinite does not necessarily mean permanent. It means DOL has not published a termination date or a procedure for resuming submissions.
What does the PERM suspension leave unchanged?
The action directly concerns permanent labor certification. As a result, a valid H-1B approval does not disappear solely because of this announcement. The worker must continue to comply with the employer, worksite, position, and validity terms of that H-1B status.
Likewise, the government did not announce a blanket cancellation of approved I-140 petitions. Their continued use can depend on employer withdrawal, revocation issues, job changes, and other case facts. Priority-date retention is a general principle, but no employee should assume the same outcome without reviewing the record.
However, PERM remains open for employers outside the group. A worker may therefore consider a new employer-sponsored process. Yet the job, minimum requirements, recruitment, and filing record must be built for the new position. Our H-1B to Green Card guide explains the basic routes.
How does the PERM suspension affect each case stage?
| Current stage | Practical position today | Record to review |
|---|---|---|
| PERM preparation | The affected employer cannot submit a new case. | PWD, recruitment, and position records |
| PERM pending | DOL is not processing the case. | Case number, filing date, employer notice |
| PERM approved, no I-140 yet | Labor certification may be complete; the next step needs separate review. | Certification validity and I-140 timing |
| I-140 pending | The suspension is not itself an I-140 decision. | USCIS receipt and underlying certification |
| I-140 approved | No blanket cancellation was announced. | Approval, priority date, employer plans |
First, an employee should identify the precise stage. “My Green Card process started” can refer to a prevailing-wage request, recruitment, a filed PERM application, or an approved I-140. Different legal questions follow from each point.
Next, workers can request the case number, filing date, and written status from the employer or its counsel. Some company records may not belong to the employee. Nevertheless, personal I-797 notices, resumes, job descriptions, and immigration records remain useful for an independent review.
Why does PERM suspension require separate I-140 review?
First, PERM is the Labor Department’s certification for a particular employer and position. In contrast, Form I-140 asks USCIS to decide an immigrant-worker classification. The agencies and legal decisions are not interchangeable.
An approved I-140 may preserve a valuable part of the prior process. In some situations, a priority date can carry to a later employment-based petition. However, fraud, material error, the timing of withdrawal, or revocation can affect that result. A categorical promise that every date remains available would be inaccurate.
Our guide to the EB-3 process shows where PERM and I-140 sit in the sequence. A review should place the DOL file beside the USCIS approval.
Which Green Card routes avoid PERM?
For example, federal regulations do not require labor certification for several categories. EB-1A allows qualifying individuals to self-petition. EB-1B for outstanding researchers and professors and EB-1C for multinational managers require employer petitions, but not PERM.
EB-2 NIW asks USCIS to waive the job-offer and labor-certification requirements in the national interest. 8 C.F.R. 204.5(k)(4)(ii) contains that rule. Extensive experience alone is not enough; the proposed endeavor and all three Dhanasar prongs need evidence.
The EB-1A and EB-2 NIW comparison helps separate the evidence tests. For multinational managers, the EB-1C route without PERM is a separate option.
What should an employee do after the PERM suspension?
First, build a timeline showing the H-1B expiration, I-94 date, PERM stage, I-140 record, and any written employer notice. A worker should not abandon valid status merely because the PERM route paused.
Second, gather achievements that do not depend solely on the employer. Patents, publications, product impact, open-source work, leadership, independent references, and large-scale project results may support an NIW or EB-1A assessment. They do not guarantee eligibility.
Finally, review employer-dependent alternatives. A qualifying corporate relationship may support EB-1C services. A well-supported national-interest endeavor may support EB-2 NIW services. Each route has a separate legal test.
Common mistakes
- Assuming the entire PERM program has closed
- Believing the action automatically ends H-1B status
- Treating a pending PERM and an approved I-140 as the same stage
- Assuming every approved priority date will remain usable
- Presenting NIW or EB-1A as an easy backup plan
- Changing strategy before obtaining available case records
Short checklist
- Confirm whether the employer is one of the eight named companies.
- Identify the exact PERM stage and case number.
- Preserve every I-140 receipt and approval notice.
- Review H-1B and I-94 expiration dates separately.
- Gather evidence of work impact outside the employer.
- Test each alternative category under its own requirements.
Frequently asked questions
Does the PERM suspension terminate H-1B status?
No. The announcement targets PERM processing. H-1B status continues under its own approval and conditions.
Was my pending PERM application denied?
The reported action says pending cases will not be processed; it does not describe a blanket denial. Confirm the docket status through the employer or counsel.
Is my approved I-140 still valid?
No mass cancellation was announced. Still, employer withdrawal and case-specific revocation issues require individual review.
Can another employer start PERM?
PERM remains available to other employers. The new employer must develop its own position, requirements, recruitment, and filing.
Does EB-2 NIW require an employer?
An individual may self-petition for NIW. The person must still satisfy the EB-2 threshold and all three Dhanasar prongs.
When will the suspension end?
As of October 12, 2026, DOL has announced no end date or reopening procedure.
Conclusion: Identify the case stage before changing course
The PERM suspension stops new and pending labor-certification work at eight employers. However, it does not automatically erase current H-1B status or approved I-140 petitions. A sound strategy begins with the case stage, the worker’s status timeline, and evidence for any alternative category.
To review your PERM, I-140, and PERM-free options together, contact Clinch Law Firm.
Legal information notice
This article provides general information only. It does not create an attorney-client relationship, provide individualized legal advice, or guarantee an outcome. Legal information checked on: October 12, 2026.
