On October 8, 2026, the Department of Labor (DOL) suspended eight employers from the PERM green card program: Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies and Capgemini. DOL won’t accept new PERM applications from them or process pending ones. Your H-1B is not suspended. But if your green card case was still at the PERM stage, it’s on hold, and no end date has been set. A Peoria, IL Immigration lawyer can help affected workers understand how a PERM suspension may impact their employment based green card process, review alternative immigration options, and plan their next steps while applications remain on hold.
Key Takeaways
- Your H-1B status is not affected. You can keep working.
- The freeze covers DOL’s PERM step only. USCIS handles the I-140 and the green card itself.
- Workers with an approved I-140 are in the safest position.
- Workers near the H-1B six-year limit whose PERM is still pending face the most risk.
If you work at one of these eight companies, you’ve probably had a lot of questions since the announcement. Here’s what we know, what we don’t, and what to check about your own case.
What Happened on October 8?
Vice President JD Vance announced the action at a press event with Labor Secretary Keith Sonderling and Attorney General Todd Blanche. Officials cited abuses they said were found in ongoing investigations, but they didn’t share specifics.
Here’s what’s been confirmed since:
- Eight employers are suspended. Cognizant had already been suspended from new filings in early September.
- Both new and pending PERM cases are frozen. DOL won’t accept new applications and has stopped work on pending ones.
- The Department of Justice (DOJ) is investigating Microsoft and Adobe. It confirmed this in mid-October but shared no details.
- Microsoft disputes the claims. Its president said most of the company’s visa and green card filings were for people already working there.
- There’s no written notice and no end date. Reports point to a DOL rule that allows an initial pause of up to 180 days. A longer ban of up to three years is possible under the same rule, but none has been announced.
Is My H-1B Still Valid?
Yes. The suspension covers PERM, the first step of an employer-sponsored green card. It does not cancel or suspend H-1B status. You can keep working on your current approval.
The risk is indirect. Many H-1B workers rely on their green card case to stay past the normal six-year H-1B limit. If that case is frozen at PERM, the extension can get harder.
How the Freeze Affects You Depends on Your Stage
Find where your green card case is today. That tells you most of what you need to know.
| Where your case is | What the suspension means | What to check |
|---|---|---|
| PERM not filed yet | Your employer can’t file it while suspended | Whether a self-petition route is an option for you |
| PERM pending at DOL | Your case is on hold | Your six-year H-1B date and how long the PERM has been pending |
| PERM certified, I-140 not filed | DOL already approved it, but the certification expires 180 days after approval | Ask your employer in writing when the I-140 will be filed |
| I-140 pending at USCIS | USCIS handles this step; reports so far don’t show I-140s being stopped | Whether premium processing makes sense |
| I-140 approved | Lowest risk; nothing announced revokes approved I-140s | Your priority date and your H-1B extension basis |
| I-485 pending 180+ days | You may be able to move to a same or similar job with another employer | Talk to an attorney before you change jobs |
What If I’m Close to the H-1B Six-Year Limit?
This is where the freeze hurts most. Normally, a worker can extend H-1B past six years in two ways:
- One-year extensions if a PERM or I-140 has been pending for at least 365 days.
- Three-year extensions if an I-140 is approved but the worker can’t file for a green card yet because of the per-country backlog.
If your PERM was filed recently and is now frozen, it may not reach the 365-day mark in time. That’s the group that needs a plan soonest. Check your dates now, before your current H-1B approval gets close to expiring.
Will I Lose My Place in the Green Card Line?
It depends on your stage. Your priority date usually comes from the day your PERM was filed.
- If your I-140 is approved, you generally keep that priority date. An I-140 approved for at least 180 days usually keeps its priority date even if the employer later withdraws it.
- If your PERM is pending, your filing date is on record, but your case can’t move forward until the freeze lifts. That date only becomes a usable priority date once an I-140 is approved.
- If your PERM hasn’t been filed, you don’t have a priority date yet. The longer the freeze lasts, the later your eventual date will be.
Are There Green Card Options That Skip PERM?
Yes. Some green cards don’t go through DOL at all, so the suspension doesn’t touch them.
- EB-2 National Interest Waiver. For people with an advanced degree or exceptional ability whose work benefits the U.S. You can file for yourself, without an employer.
- EB-1A extraordinary ability. For people at the top of their field. You can also file for yourself.
- EB-1B outstanding researcher. For researchers and professors. An employer files, but there’s no PERM.
These categories have high evidence standards, and they still depend on the monthly Visa Bulletin. For Indian nationals, EB-1 currently sits at February 1, 2023, while EB-2 is at November 1, 2013. That gap is worth a serious look.
Ashley Dworsky came to the U.S. on his own EB-1, so he knows these self-petition routes from both sides.
What Should You Do Now?
- Confirm whether your employing entity is covered. Large companies often file through several legal entities.
- Gather your dates. PERM filing, PERM approval, I-140 filing, I-140 approval, I-94 expiration and your six-year H-1B date.
- Don’t resign yet. Quitting can cost you an approved PERM or a pending case. Get your dates reviewed first.
- Check your travel plans. Review your visa stamp and extension basis before leaving the U.S.
- Avoid scams. No one can pay to lift the suspension for you.
Our advice: the workers who come through this best are the ones who know their dates. If you can’t answer “when does my H-1B time run out,” start there.
For background on the separate PERM rule overhaul, which cleared White House review on October 23, 2026, see what we know about the PERM changes.
Frequently Asked Questions
Which companies were suspended from PERM?
Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies and Capgemini, announced October 8, 2026.
Is my H-1B affected by the PERM suspension?
No. Your H-1B status is not suspended. The risk is to extensions past six years that depend on a pending PERM.
How long will the PERM suspension last?
No end date has been announced. Reports point to an initial pause of up to 180 days, with longer bans possible.
What happens to my approved I-140?
Nothing announced so far revokes approved I-140s. You generally keep your priority date.
Can I change employers to restart my green card?
Possibly, but a new employer usually has to start PERM again. If you have an approved I-140, you can often keep your priority date. Get advice before you move.
Can I file for a green card myself instead?
If you qualify, yes. The EB-2 National Interest Waiver and EB-1A let you self-petition without PERM.
Should I quit my job because of the suspension?
Not before reviewing your dates with an attorney. Quitting too early can cost you time or an approved case.
Worried About Your Green Card Timeline?
You don’t have to wait for the freeze to lift to plan your next step. Dworsky Law Firm in Northbrook helps H-1B professionals in the Chicago area and nationwide map their options, including self-petition green cards that don’t need PERM.
Book a free 15-minute consultation to review your dates.
Sources
- DOL Suspends Microsoft, Adobe and Six IT Firms From PERM (Ellis)
- Employers Avoid Knee-Jerk Reactions to Green Card Sponsor Bans (Bloomberg Law)
- Microsoft President Says Vance Off Base on H-1B (Newsweek)
- PERM Suspension 2026: What Affected Workers Should Know (Weinstock Immigration Lawyers)
- Klasko Immigration Law: November 2026 newsletter
- OIRA review concluded for RIN 1205-AC29 (Reginfo.gov)
- November 2026 Visa Bulletin (Fragomen)
This article is general information, not legal advice. Immigration rules change often. Talk to an attorney about your situation.

