At a White House press conference on October 8, 2026, U.S. officials announced a PERM suspension: the Department of Labor (DOL) will stop accepting new permanent labor certification applications involving eight employers and pause processing of applications already pending. Labor Secretary Keith Sonderling described the measure.
Which employers are covered
Officials named Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services (TCS), Wipro, HCL Technologies, and Capgemini.
Vice President JD Vance alleged that some employers used foreign-worker programs while laying off U.S. workers. Officials cited ongoing investigations, so the announcement should not be read as a final finding against every named company. Microsoft responded that roughly 80% of its H-1B filings in the prior fiscal year were extensions or status changes for existing employees — a figure about H-1B filings, not the PERM applications now paused. The Associated Press reported both the announcement and Microsoft’s response.
Impact depends on the case stage
PERM labor certification is generally the prerequisite for an employer to file an EB-2 or EB-3 immigrant petition (I-140).
| Current stage | What the October 8 announcement means |
|---|---|
| PERM not yet filed | DOL will not accept a new application involving one of the eight employers during the suspension |
| PERM pending | DOL will not process it while the suspension lasts; the PERM-based I-140 step is delayed accordingly |
| PERM certified / I-140 filed or approved | The announcement did not say existing certifications or I-140 approvals are revoked; employer and counsel should confirm next steps and any deadline |
| Holding H-1B or already a green card holder | Not automatically cancelled; continue meeting the requirements of that status |
For India-born EB-2 and EB-3 applicants the filing stage is especially significant: in a PERM-based case the priority date is generally established when DOL accepts the labor certification application, so a delay before filing pushes back the priority date itself. Visa availability is a separate question shown in the monthly Visa Bulletin.
What affected employees should do
- Confirm with HR or immigration counsel which legal entity sponsors the case and its exact stage; employees with a certified PERM should check the I-140 filing deadline.
- H-1B workers should review their status expiration and extension plans with counsel, particularly if long-term strategy depends on a pending PERM or I-140.
- Eligible professionals may explore pathways that do not depend on an employer’s PERM, such as the EB-2 National Interest Waiver, EB-1A, or EB-5. Each has different eligibility, timing, and — for EB-5 — investment risk. Filing a new immigrant petition does not by itself extend H-1B status or confer work authorization.
This article reflects information available as of October 10, 2026; the duration and implementation details of the suspension have not been announced.
Further reading: Concurrent I-485 Filing · EB-5 Basics
Sources
- White House press conference, October 8, 2026; Associated Press coverage
- ARCFE, “PERM Suspension at Microsoft, Adobe and Six IT Firms” (October 10, 2026)