PERM Labor Certification Suspensions: The Green Card Questions H-1B Workers Must Ask
DOL suspended PERM for eight major employers in October 2026. Here is what the PERM labor certification suspensions mean for your H-1B status, green card, and self-petition options.
If your employer just landed on a government list, your green card plan may have stalled overnight. The 2026 PERM Labor Certification Suspensions have frozen the first step of the employment-based green card for eight of the largest tech and IT employers in the country.
This guide explains what actually changed, what it means for your status and your United States green card timeline, and the options that do not depend on your employer at all.
What Is the PERM Labor Certification Suspension in 2026?
PERM is the Department of Labor step that confirms no qualified U.S. worker is available for your role. It is the gateway to most employment-based green cards; without it, the I-140 stage cannot begin.
Latest Government Update: On October 8, 2026, DOL officials announced that the agency will not accept new or process pending PERM applications involving eight employers: Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL, and Capgemini. The action was tied to active federal investigations into visa practices (U.S. Department of Labor, Office of Foreign Labor Certification).
Two points are easy to miss. These are allegations, not findings, and one named company has disputed them. DOL had not published a written notice or firm end date, so the exact scope is still settling.
How Does a PERM Suspension Affect H-1B Workers and Green Card Applicants?
Your exposure depends entirely on where you sit in the process.
Your stage | What the suspension does |
No PERM filed yet | Your green card cannot start through this employer for now |
PERM filed, pending | On hold with DOL until the matter resolves |
PERM certified, I-140 pending or approved | Largely insulated; USCIS, not DOL, controls this stage |
Approved I-140 (180+ days) | Priority date is generally retained even if you change jobs |
Your H-1B status is not suspended. You can keep working under your current approval. What is affected is the green card pipeline behind it, and your green card processing time if you were counting on a PERM this year.
Common Mistake: assuming the suspension cancels your case. It does not revoke an approved I-140 or erase a priority date you hold. Panic-quitting a stable job is often the costliest reaction.
How the PERM Labor Certification Suspensions Affect H-1B Extensions Beyond Six Years
H-1B status normally caps at six years, and both common ways to extend past it lean on the green card process.
- Under AC21, a PERM or I-140 pending for at least 365 days supports one-year H-1B extensions beyond six years (8 CFR 214.2(h)(13)).
- An approved I-140 with an unavailable priority date supports three-year extensions.
If your PERM cannot be filed or approved, the 365-day clock is the risk. An approved I-140 protects you from most of it.
Expert Tip: map your sixth-year date against your PERM timeline now. If the gap is tight, that is the conversation to have with counsel soon.
What Should H-1B Workers Do If Their PERM Labor Certification Is Suspended?
A measured plan protects both your status and your long-term US permanent residency goal.
- Confirm your exact stage (no PERM, pending PERM, or approved I-140). Your options branch entirely from this.
- Keep your H-1B valid. Nothing here requires you to stop working or leave the country.
- Preserve your priority date. If you have an approved I-140, that date is an asset you carry forward.
- Consider a second track that does not rely on your employer's PERM.
Smart Strategy: if you change employers, the H1B visa grace period gives you up to 60 days to find new sponsorship. A new employer not under suspension can begin a fresh PERM, and your approved I-140 priority date moves with you.
Pathways That Do Not Depend on Your Employer's PERM
Here is what most coverage skips: two green card categories let you skip PERM and your employer entirely by self-petitioning.
- EB-1A (Extraordinary Ability) is the strongest of these. The EB1A visa requirements are demanding, but a qualifying individual files their own case with no employer, job offer, or PERM.
- EB-2 NIW (National Interest Waiver) also waives PERM and the job-offer requirement for those whose work serves the national interest.
For a professional whose employer's PERM is frozen, these are often the cleaner route to a United States green card, because eligibility rests on your own record rather than a company's standing with DOL.
Conclusion
The PERM Labor Certification Suspensions are a serious disruption, but they are not the end of anyone's green card. Your H-1B keeps working, an approved I-140 keeps its value, and pathways like EB-1A and EB-2 NIW remain open. Those who stay calm, confirm their exact stage, and protect their priority date will navigate this well.
If you're unsure how this applies to your situation, a professional profile evaluation can help identify the strongest immigration pathway for your goals.
Frequently Asked Questions
What is the PERM labor certification suspension in 2026, and which companies are affected?
On October 8, 2026, DOL announced it would not accept new or process pending PERM applications involving eight employers: Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL, and Capgemini. The action is tied to active federal investigations and had no published end date. These are allegations, not findings.
Does the 2026 PERM suspension affect H-1B visa holders working at Microsoft, Infosys, or other affected companies?
Your H-1B status and ability to work are not suspended, so you can continue in your role. What pauses is the green card PERM step, which mainly affects those who have not yet reached the I-140 stage.
Can I still get a green card if my employer's PERM labor certification is suspended?
Yes. If you already hold an approved I-140, your case largely sits with USCIS and continues. If not, you can pursue EB-1A or EB-2 NIW, or restart PERM with an unaffected employer later.
What should H-1B workers do if their employer can no longer file PERM applications?
Confirm your exact stage, keep your H-1B valid, and protect any priority date you hold. Then explore a self-petition track so your plan does not depend on one company's DOL standing.
Will the PERM suspension affect my pending labor certification or employment-based green card application?
A PERM already filed with these employers is reported to be on hold at DOL. A certified PERM or approved I-140 is far better protected, since those stages are handled by USCIS, not DOL.
Can I switch employers and continue my green card process if my company's PERM application is suspended?
Often, yes. A new employer not under suspension can begin a fresh PERM, and if your I-140 is approved, you generally retain your original priority date. Mind the H1B visa grace period of up to 60 days when changing jobs.
Can EB-1A or EB-2 NIW help H-1B workers pursue a green card without employer-sponsored PERM?
Yes. Both categories let qualified individuals self-petition with no PERM and no employer sponsorship, so a frozen company pipeline does not block you. EB-1A rewards a strong independent record of achievement.
Will the 2026 PERM suspension affect H-1B extensions beyond the six-year limit?
It can, for workers who rely on a pending PERM to extend past six years. Under AC21, a PERM or I-140 pending at least 365 days supports extensions, so a suspension that blocks it is a real risk. An approved I-140 removes most of that exposure.
