New York Area Immigration Services
IMMIGRATION NEWS · OCTOBER 2026
PERM Suspended for Microsoft, Infosys, TCS and 5 Other Employers: What It Means for Your Green Card
Published October 8, 2026 · Last updated October 8, 2026 · By the NAIS Documentation Team
NOTICE: THE INDIVIDUAL OFFERING TO PROVIDE IMMIGRANT ASSISTANCE SERVICES IS NOT AN ATTORNEY LICENSED TO PRACTICE LAW OR ACCREDITED BY THE BOARD OF IMMIGRATION APPEALS TO PROVIDE LEGAL ADVICE OR LEGAL REPRESENTATION BEFORE THE BOARD OF IMMIGRATION APPEALS, IMMIGRATION COURTS OR THE DEPARTMENT OF HOMELAND SECURITY.
Key takeaways
· On October 8, 2026, the U.S. Department of Labor said it will not accept new or process pending PERM applications for eight employers: Microsoft, Adobe, Cognizant, Infosys, Tata (TCS), Wipro, HCL and Capgemini.
· PERM is not suspended for other employers.
· The announcement did not cancel anyone's H-1B status.
· No end date, written notice or legal citation has been published yet.
· Two paths can keep your green card plan moving: an H-1B transfer to an employer that will sponsor PERM, or a self-petition (EB-1A or EB-2 NIW) that needs no employer at all.
Not sure where you stand?
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What happened on October 8, 2026?
At a White House press conference on H-1B and J-1 visa fraud, Labor Secretary Keith Sonderling announced that the Department of Labor is suspending eight companies from the Permanent Labor Certification (PERM) program. He named six IT outsourcing firms: Cognizant, Infosys, Tata, Wipro, HCL and Capgemini. He said Microsoft and Adobe were also suspended because of active federal investigations.
Sonderling said the department "will not accept any new or process any pending" PERM applications involving these companies. Vice President JD Vance said the suspension of Microsoft would last "as long as it needs to."
These are the government's allegations. No charges have been announced. Microsoft disputed the claims, saying most of its U.S. employees are Americans and that it pays H-1B workers the same as others doing comparable work.
The announcement follows a nationwide H-1B and PERM fraud investigation opened by the DOL Office of Inspector General on July 8, 2026, and earlier PERM holds on Cloudera (May 2026) and Cognizant (September 2026).
What we don't know yet
· How long the suspension will last
· Which regulation DOL is relying on (its rules at 20 CFR § 656.31 allow fraud-investigation holds, initially up to 180 days)
· What happens to PERMs already certified and I-140s already approved
· Whether subsidiaries are included
We will update this article when DOL or USCIS publishes written guidance.
Who is affected?
You are most directly affected if you work for one of the eight companies and you are:
· On H-1B, L-1 or F-1 OPT/STEM OPT, and your employer planned to start PERM for you
· Waiting on a pending PERM with one of these employers
· An Indian national in the EB-2 or EB-3 line who doesn't yet have an approved I-140
· Close to the six-year H-1B limit without a PERM or I-140 filed at least 365 days ago
You are likely less affected if you already have an approved I-140. An approved I-140 generally lets you keep your priority date and qualify for three-year H-1B extensions, even if you change employers. There are exceptions, such as revocation for fraud or misrepresentation, so have your own documents reviewed.
If you work for any other employer, this announcement does not stop your PERM.
What it means for your green card today
Your situation (at one of the eight employers) | What the announcement means |
PERM not yet filed | Can't be filed while the suspension lasts |
PERM pending | Processing frozen |
PERM already certified | Not addressed yet |
I-140 approved | Not addressed; priority date generally portable |
Current H-1B status | Unchanged |
The six-year problem
H-1B status is normally capped at six years. You can extend beyond six years one year at a time if a PERM or I-140 was filed at least 365 days earlier. With an approved I-140, you can extend three years at a time. If your employer can't file PERM, that 365-day clock can't start. That's why workers in years four and five of H-1B should plan now.
Timelines to plan around
· Prevailing wage: several months (DOL was processing May 2026 requests as of August 31, 2026)
· PERM review: DOL's average analyst review was 336 days for cases decided in August 2026
· Full PERM, with recruitment: often 18 to 24 months or more
· I-140 premium processing: $2,965 for a decision within 15 business days
Path 1: H-1B transfer to an employer that will sponsor PERM
For most professionals, the main option is moving to an employer that is not on the suspended list and is willing to sponsor a green card.
How an H-1B transfer works
· Start on filing. Under H-1B portability, you can usually start working for the new employer once it files your H-1B petition with USCIS, as long as you were in valid status when it was filed.
· No new lottery. If you were already counted against the H-1B cap, moving to another cap-subject employer generally doesn't require a new lottery.
· The $100,000 fee. A federal court vacated it in June 2026, and the First Circuit refused to reinstate it in July 2026. USCIS guidance had already exempted in-country transfers approved with an extension of stay. Litigation continues, so confirm before filing.
· The 60-day grace period. If you lose your job, you currently have up to 60 days to find a new employer or change status. DHS has proposed eliminating this; public comments close November 10, 2026.
What happens to your green card progress
· I-140 approved: you generally keep your priority date. If it has been approved for 180 days or more, a withdrawal by your old employer generally doesn't revoke it. Your new employer files a new PERM and I-140, but you keep your place in line.
· No approved I-140: you generally start PERM again with the new employer.
Five questions to ask a new employer
Ask before you accept the offer, and get the answers in writing:
Will you sponsor my green card, and when will PERM start?
Will you pay all PERM costs, as DOL rules require?
Have you recently had PERMs certified for similar roles?
Will you file the I-140 with premium processing?
Have you had recent layoffs in this role that could complicate recruitment?
You can check an employer's past PERM filings in public DOL disclosure data.
Planning a job change?
Map your H-1B transfer and new PERM timeline with our team.
Book an H-1B transfer + PERM consultation or call (718) 973-9373
Path 2: Self-petition with EB-1A or EB-2 NIW
Some professionals don't need an employer for a green card at all.
EB-1A (extraordinary ability)
EB-1A has no employer, no job offer and no PERM. You must show a major internationally recognized award, or meet at least three of ten criteria. For tech professionals, these often include peer review or judging, patents or open-source work others rely on, published papers, press coverage, top-range salary, and a critical role at a distinguished organization. USCIS then decides whether your whole record puts you at the very top of your field.
Be realistic: according to Manifest Law's analysis of USCIS data, the EB-1A approval rate fell from about 67% in fiscal year 2025 to about 32% in the third quarter of fiscal year 2026. Strong cases need independent proof of impact.
For Indian nationals, the October 2026 Visa Bulletin shows an EB-1 Final Action Date of February 1, 2023, compared with November 1, 2013 for EB-2 India.
EB-2 National Interest Waiver (NIW)
NIW is also a self-petition with no PERM. You generally need an advanced degree or exceptional ability. You must show that your work has substantial merit and national importance, that you are well positioned to advance it, and that waiving the job offer benefits the United States. NIW uses the EB-2 line, so it removes the employer dependence but not the India backlog.
For a deeper look at self-petitions for tech professionals, see our sister team's guide: Do you still need an employer for a green card?
Could you self-petition?
Get your EB-1A or NIW evidence reviewed before you file.
Get a free EB-1A or NIW profile review or call (718) 973-9373
Your action checklist
· Confirm whether your employing entity is one of the eight named companies
· Find your I-140 receipt and approval notices and note your priority date
· Work out your H-1B six-year date (time spent outside the U.S. may be added back)
· Ask your employer's immigration team what is pending and what they've been told
· Screen yourself honestly for EB-1A or NIW
· If job hunting, ask the five sponsorship questions above
· Don't resign before a new H-1B petition has been filed
· Keep your I-94, passport and pay stubs current
Frequently asked questions
Q. Is PERM suspended for all employers?
No. On October 8, 2026, DOL said it would stop accepting and processing PERM applications only for eight employers: Microsoft, Adobe, Cognizant, Infosys, Tata (TCS), Wipro, HCL and Capgemini. Other U.S. employers can still file PERM under the normal rules.
Q. Will I lose my H-1B because my employer was suspended?
No, not because of this announcement. The suspension covers PERM, a green card step. It does not cancel H-1B status or work authorization. Workers near the six-year limit without a qualifying PERM or I-140 may face extension problems.
Q. What happens to my pending PERM at one of these companies?
DOL said it will not process pending PERM applications for these companies, and no end date has been announced. DOL rules allow investigation holds of up to 180 days at first, which can be extended.
Q. Do I keep my priority date if I change employers?
Generally yes, if your I-140 was approved. An approved I-140 usually lets you keep your priority date with a new employer. Exceptions include revocation for fraud or misrepresentation. Without an approved I-140, you generally start over.
Q. Does the $100,000 H-1B fee apply to an H-1B transfer?
Generally no. USCIS guidance exempted in-country transfers approved with an extension of stay, and a federal court vacated the fee in June 2026. Litigation continues, so confirm current rules before filing.
Q. Can I start working for a new employer before the transfer is approved?
Usually yes. Under H-1B portability, an eligible worker can generally start once the new employer properly files an H-1B petition, if the worker was maintaining status when it was filed.
Q. Can I get a green card without employer sponsorship?
Yes, in some cases. EB-1A and EB-2 NIW let qualified professionals file for themselves without an employer or PERM. Both need strong evidence, and EB-1A approval rates dropped sharply in 2026.
Q. How long does PERM take in 2026?
Plan for about 18 to 24 months or more. Prevailing wage takes several months, DOL's average PERM review was 336 days for cases decided in August 2026, and recruitment adds time.
Talk to our New York team
Every case is different. Our documentation team can walk you through your timeline, I-140 status and evidence, and help you understand which documentation path may fit. No outcome can be guaranteed; U.S. government agencies make every decision.
Book a free consultation
Talk to our New York documentation team.
Book a free consultation or call (718) 973-9373
New York Area Immigration Services
127 W 30th St, 9th Floor, New York, NY 10001 · (718) 973-9373 · newyorkareaimmigrationservices.com
Disclaimer: We are not attorneys and do not provide legal advice. Our scope is limited to documentation for immigration petitions. This article is general information only, current as of the 'last updated' date; immigration rules change often. Company names appear only to report public government announcements, and the allegations described are those of government officials. New York Area Immigration Services is not affiliated with any company named. Prior results do not guarantee a similar outcome.