US H-1B Visa and Green Card Updates: PERM Suspension, Employer Restrictions and What Workers Should Know

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US H-1B Visa and Green Card Updates: PERM Suspension, Employer Restrictions and What Workers Should Know

Introduction

The US employment-based immigration system is facing important developments affecting employer-sponsored Green Cards and H-1B employment.

In October 2026, reports emerged that the US Department of Labor had suspended eight major technology and IT services companies from participating in the Permanent Labor Certification (PERM) program. The affected companies reportedly include Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services (TCS), Wipro, HCL Technologies, and Capgemini. The reported action concerns PERM applications involving these companies, including pending applications and new filings.

At the same time, the separate $100,000 H-1B payment policy has faced significant legal challenges. A federal court issued an order blocking enforcement of the policy, creating an important distinction between the administration's announced policy and what agencies can currently enforce.

These developments raise several practical questions:

·        What is PERM, and why is it important for employment-based Green Cards?

·        Which companies have reportedly been affected?

·        Does the suspension automatically cancel existing H-1B visas?

·        What happens to employees whose PERM applications are pending?

·        Can an affected employee continue working in the United States?

·        What is the current legal status of the $100,000 H-1B payment policy?

·        What should employees and employers do next?

This guide explains the developments, their potential implications, and the important distinctions workers should understand.

Important: Immigration policies and court orders can change. This article reflects the developments reported as of October 11, 2026. Employers and applicants should verify the latest official instructions before making immigration or employment decisions.

Table of Contents

1.      What Happened to the PERM Green Card Program?

2.      Which Eight Companies Are Reportedly Affected?

3.      What Is PERM Labor Certification?

4.      How PERM Fits Into the Employment-Based Green Card Process

5.      Does PERM Suspension Mean Existing H-1B Visas Are Cancelled?

6.      What Happens to Pending PERM Applications?

7.      Can Employees Continue Working in the United States?

8.      What Does the Suspension Mean for Future Green Card Sponsorship?

9.      The Separate $100,000 H-1B Payment Policy

10.   What Should Affected Employees Do?

11.   What Employers Should Review

12.   Frequently Asked Questions

13.   Conclusion

India’s MEA Statement on the U.S. PERM Suspension

On October 9, 2026, India’s Ministry of External Affairs (MEA) issued a statement addressing the U.S. Department of Labor’s decision concerning the Permanent Labor Certification (PERM) program for certain companies.

The MEA clarified that the PERM program is separate from the H-1B visa program. The suspension of PERM applications does not, by itself, affect the validity of existing H-1B visas or the status of H-1B visa holders and their dependents.

However, the development may affect the employment-based Green Card process of eligible employees working for affected companies. The impact depends on the employee’s individual circumstances, the stage of the permanent residency process, and the scope of the restrictions.

The MEA also emphasized that professional mobility benefits both India and the United States by supporting innovation, research, productivity, competitiveness, and economic growth.

What Does This Mean for H-1B Workers?

H-1B workers should understand that a PERM suspension does not automatically cancel their existing H-1B visas. However, employees whose Green Card applications depend on a PERM labor certification may need to review their immigration plans.

Affected employees should:

·        Confirm whether their employer and PERM application are affected.

·        Ask their employer’s immigration team about the status of their case.

·        Review pending PERM and I-140 applications with a qualified U.S. immigration attorney.

·        Check whether their current H-1B status and future extension plans require separate action. 

Important: PERM, Form I-140, and H-1B status are distinct parts of the U.S. employment-based immigration system. The effect of a PERM suspension depends on the applicable restrictions and the facts of each case. Workers should not assume that their H-1B status or Green Card eligibility has automatically ended.

What Happened to the PERM Green Card Program?

In October 2026, the US administration announced action against eight technology and IT services companies in connection with the employment-based permanent labor certification program.

According to published reports, the Department of Labor suspended the named companies from submitting new PERM applications and stopped processing pending applications involving them. The administration cited concerns about alleged misuse of the program and the displacement of US workers.

The distinction between an allegation and a final legal finding is important. The public reports did not establish that every employee, every application, or every business activity of each company had violated immigration law.

The practical concern is that PERM is a major step for many employer-sponsored Green Card cases. A suspension affecting an employer's PERM filings can disrupt the immigration plans of employees who depend on that process.

However, the reported action should not automatically be interpreted as:

·        Cancellation of every employee's H-1B status

·        Revocation of every previously issued visa

·        Cancellation of all approved Green Cards

·        A blanket prohibition on every form of immigration sponsorship by the named companies

·        A finding that every employee's immigration case is fraudulent

The precise effect depends on the scope of the government's action, the employee's immigration category, the stage of the case, and any subsequent legal or administrative developments.

Which Eight Companies Are Reportedly Affected?

The following companies were identified in reporting about the PERM suspension:

No.	Company
1	Microsoft
2	Adobe
3	Cognizant
4	Infosys
5	Tata Consultancy Services (TCS)
6	Wipro
7	HCL Technologies
8	Capgemini

These names are based on published reports about the announced action.

Does the action affect every employee at these companies?

Not necessarily.

The reported suspension concerns participation in the PERM labor certification process. Its consequences should not be confused with a blanket cancellation of every employee's immigration status.

An employee's situation may depend on whether the person:

·        Is currently working under H-1B status

·        Has a PERM application pending

·        Has not yet started the Green Card process

·        Has an approved I-140 immigrant petition

·        Has a pending adjustment-of-status application

·        Holds an already approved Green Card

These are different immigration situations and must be assessed separately.

Employees should obtain case-specific advice rather than assuming that every person working for a named company faces the same outcome.

What Is PERM Labor Certification?

PERM stands for Program Electronic Review Management.

It is the US Department of Labor's labor certification process used in many employment-based immigrant cases.

For many employer-sponsored EB-2 and EB-3 Green Card cases, the employer must first obtain an approved labor certification before filing the immigrant petition with US Citizenship and Immigration Services (USCIS).

The purpose of the labor certification process generally includes testing the relevant US labor market and determining whether the employer has met applicable requirements concerning the position and the availability of qualified, willing, and able US workers.

PERM is not itself a visa, Green Card, or H-1B petition.

It is one stage in a broader employment-based immigration process.

Why does PERM matter to H-1B workers?

Many H-1B employees work in the United States on temporary nonimmigrant status while their employers pursue permanent residence sponsorship.

For employees following an employment-based Green Card route that requires PERM, delays or restrictions at the labor certification stage can affect the timing of the broader process.

However, not every Green Card category requires PERM. Some employment-based categories have different requirements, and family-based immigration follows a separate process.

Therefore, the impact must be assessed according to the specific immigration category.

How PERM Fits Into the Employment-Based Green Card Process

For a typical employer-sponsored EB-2 or EB-3 case that requires PERM, the process commonly follows this sequence:

Step 1: Employer Reviews the Position

The employer determines the position, job requirements, and applicable immigration strategy.

Step 2: Prevailing Wage Determination

The employer generally obtains a prevailing wage determination from the Department of Labor for the proposed position.

Step 3: Recruitment

The employer completes the recruitment steps required under the applicable rules to test the US labor market.

Step 4: PERM Application

The employer files the labor certification application with the Department of Labor.

Step 5: PERM Decision

The Department of Labor reviews the application and issues a decision.

Step 6: Form I-140

If the labor certification is approved and the remaining requirements are met, the employer may file an immigrant petition, generally Form I-140, with USCIS.

Step 7: Green Card Stage

Depending on the employee's circumstances and visa availability, the process may proceed through adjustment of status in the United States or consular processing abroad.

The precise sequence and eligibility requirements vary by case.

Where can a PERM suspension cause a problem?

If an employer cannot submit a new PERM application or the government stops processing a pending application, the case may be unable to move forward normally at that stage.

That does not automatically mean that every later stage has been cancelled. The legal effect on a particular case depends on its status and the scope of the applicable government action.

Does PERM Suspension Mean Existing H-1B Visas Are Cancelled?

No. A PERM suspension does not, by itself, automatically cancel an existing H-1B visa or immigration status.

The reported PERM action concerns the labor certification process used in certain employment-based Green Card cases.

H-1B classification is a separate nonimmigrant employment category governed by its own legal requirements and procedures.

A worker's ability to remain employed in the United States depends on the worker's actual immigration status, employment authorization, petition validity, and compliance with applicable rules.

For example, an employee may have:

·        A valid H-1B petition

·        An unexpired period of authorized H-1B stay

·        A PERM application that has not yet been approved

The delay or suspension affecting PERM does not, on its own, establish that the H-1B petition has been revoked.

Nevertheless, workers should not assume that every part of their immigration situation is unaffected. Individual cases may involve separate issues such as job changes, petition revocation, expiration dates, or changes in employment.

Practical point: Review the H-1B petition and current immigration status separately from the PERM case.

What Happens to Pending PERM Applications?

The consequences for a pending PERM application depend on the exact scope of the government's action and any later administrative or court decisions.

Published reports indicate that pending applications involving the named companies were affected by the suspension.

Employees with pending cases should establish the current status of their individual applications.

They should ask their employer or immigration counsel:

1.      Has the PERM application actually been filed?

2.      What is the filing date?

3.      Is the application still pending?

4.      Has the Department of Labor issued any notice or decision?

5.      Does the announced suspension apply to this specific filing?

6.      Is there an administrative or legal development that changes the case's position?

7.      What alternative steps, if any, are legally available?

Should employees withdraw their cases?

Employees should not withdraw a pending immigration case solely because of a news headline.

Withdrawal may have consequences for the employee's immigration strategy, future filings, or employment planning.

The appropriate decision depends on the individual case and should be made after reviewing the actual filing status and applicable legal requirements.

Can Employees Continue Working in the United States?

A PERM suspension does not automatically prohibit an employee from continuing to work.

The employee must still have valid authorization to work under the applicable immigration rules.

For an H-1B employee, important questions include:

·        Is the H-1B petition still valid?

·        Is the employee maintaining the required status?

·        Is the employment continuing under the relevant petition?

·        Is the employee considering changing employers?

·        Is an extension or amendment required?

·        Are there any separate government actions affecting the employee or employer?

An employee whose H-1B status remains valid should not assume that a PERM delay alone ends the authorization to work.

At the same time, a pending Green Card process does not automatically authorize employment beyond the limits of the person's existing work authorization.

Do not rely on a PERM filing alone as proof of permission to work in the United States.

What Does the Suspension Mean for Future Green Card Sponsorship?

The impact on future sponsorship depends on the employer, the position, the immigration category, and the scope and duration of the restriction.

For employees who have not started PERM, the suspension may create uncertainty about when or whether the employer can begin the process.

For employees whose applications are pending, processing may be interrupted if the application falls within the government's action.

For employees whose PERM applications have already been approved, the situation requires a separate analysis. An approval should not be assumed to be automatically cancelled solely because of a later announcement; nor should employees assume that every subsequent immigration step will proceed without complication.

The employee's stage in the process matters.

Green Card Stage	What Needs to Be Checked
PERM not started	Whether the employer can initiate the process
Prevailing wage stage	Whether the employer can continue the relevant steps
PERM filed and pending	Whether the suspension applies to the filing
PERM approved	Whether the approval remains usable and what steps are available next
I-140 filed or approved	Whether the petition is affected by a separate action or issue
Adjustment of status pending	Whether the employee continues to meet the applicable requirements
Green Card already issued	The person's existing permanent-resident status and any separate legal issues

This table is a general guide, not a determination of any individual case.

The Separate $100,000 H-1B Payment Policy

The PERM suspension is separate from the H-1B payment policy announced by the administration.

In September 2025, the administration introduced a proclamation imposing a $100,000 payment requirement for certain H-1B workers seeking entry to the United States, subject to the terms and exceptions of the policy.

In September 2026, the administration extended the proclamation for another year. The extension was scheduled to run through September 21, 2027.

However, the policy has faced significant legal challenges.

A federal court in Massachusetts had blocked implementation of the payment policy, and a separate federal court in California issued another order against enforcement on September 30, 2026. The legal situation and any subsequent orders must be checked before relying on the policy's terms.

Is the $100,000 payment currently enforceable?

As of the latest information reviewed for this article, the policy's enforcement is affected by federal court orders.

The White House's extension of a proclamation and a court's restriction on enforcement are different legal developments. The existence of the extension does not, by itself, establish that agencies can collect the payment while a controlling court order prevents enforcement.

Employers and applicants should verify the latest USCIS guidance and court developments before making a filing or payment decision.

Does the payment policy apply to every H-1B worker?

No. The original proclamation was directed at specified categories of H-1B workers and petitions, with conditions and exceptions.

Its application should not be generalized to every current H-1B holder, every extension, every transfer, or every change-of-status case.

The applicable rules and any controlling court orders must be reviewed for the specific petition.

Is the $100,000 policy part of the PERM suspension?

No. They are separate matters.

·        PERM suspension: Concerns the labor certification process used in many employer-sponsored Green Card cases.

·        H-1B payment policy: Concerns specified H-1B entry and petition circumstances under the proclamation and related legal proceedings.

A worker may be affected by one issue, both issues, or neither, depending on the circumstances.

What Should Affected Employees Do?

Employees should avoid making major immigration decisions based solely on news reports.

Instead, take these practical steps.

Step 1: Identify Your Current Immigration Status

Determine whether you are currently in H-1B status, another nonimmigrant category, or permanent-resident status.

Step 2: Confirm Your PERM Stage

Ask whether the employer has initiated the prevailing wage process, started recruitment, filed PERM, or received a decision.

Step 3: Obtain the Case Details

Keep available copies of relevant notices, filing confirmations, and case documents.

Step 4: Ask the Employer for a Written Update

Request clarification on whether the government action applies to your specific case and what the employer plans to do.

Step 5: Check Other Immigration Deadlines

Do not overlook H-1B expiration dates, extension filing windows, passport validity, or other deadlines while waiting for a Green Card update.

Step 6: Seek Case-Specific Legal Advice

An immigration attorney can evaluate the employee's individual circumstances and explain available options.

Step 7: Avoid Unverified Promises

Be cautious of anyone claiming that they can guarantee a Green Card, reverse a government suspension, or secure a special immigration result in exchange for a payment.

What Employers Should Review

Employers with affected employees should coordinate their immigration and human-resources teams.

Depending on the circumstances, the review may include:

·        Identifying pending PERM cases

·        Confirming the status of each application

·        Reviewing the scope of the suspension

·        Communicating with affected employees

·        Checking H-1B expiration and extension deadlines

·        Reviewing any pending I-140 or adjustment-of-status filings

·        Obtaining legal advice about available options

·        Monitoring relevant agency announcements and court orders

·        Maintaining accurate employment and immigration records

Employers should avoid giving employees blanket assurances that every case is unaffected.

They should also avoid suggesting that every employee must stop working simply because a PERM case has been interrupted.

The appropriate response depends on the person's actual status and the specific legal action affecting the case.

Frequently Asked Questions

1. What is the PERM suspension?

Reports in October 2026 described a US government suspension affecting PERM applications involving eight major technology companies. The reported action concerned new and pending labor certification applications involving those companies.

2. Which companies are reportedly affected?

The reported list includes Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies, and Capgemini.

3. Does PERM suspension cancel an H-1B visa?

No. The PERM suspension does not, by itself, automatically cancel an existing H-1B visa or status. Separate immigration requirements and any individual government action must still be considered.

4. Can an H-1B employee continue working?

Potentially, yes. The employee must continue to have the required work authorization and comply with the applicable immigration rules. A PERM filing alone does not authorize employment.

5. What happens to a pending PERM application?

The reported suspension affects pending applications involving the named companies. Employees should confirm whether the action applies to their specific filing and check for subsequent developments.

6. Does the suspension cancel an already approved Green Card?

The reported PERM action should not automatically be interpreted as cancelling an already issued Green Card. Any separate action affecting an individual's permanent-resident status must be evaluated independently.

7. Is PERM required for every employment-based Green Card?

No. PERM is required for many EB-2 and EB-3 cases, but some employment-based categories follow different requirements.

8. Is the $100,000 H-1B payment policy the same as the PERM suspension?

No. They are separate policies involving different parts of the immigration system.

9. What is the latest status of the $100,000 H-1B payment policy?

The administration extended the policy in September 2026, but federal court orders have blocked its enforcement. Employers should check the latest controlling orders and official agency guidance before relying on the policy's terms.

10. Should an employee withdraw a pending PERM application?

Not solely because of a news report. The employee should first confirm the case status and obtain advice based on the specific circumstances.

11. Can an employee change employers while PERM is suspended?

An employee may have options to change employers, but the consequences depend on the employee's H-1B status, the new employer's sponsorship, and the stage of the Green Card process. A PERM case does not automatically transfer to a new employer.

12. Where can employees verify official information?

Employees should consult the US Department of Labor, USCIS, the Department of State, and qualified immigration counsel for current information relevant to their individual cases.

Conclusion

The reported suspension of PERM applications involving eight technology companies is an important development for employees pursuing employer-sponsored Green Cards.

However, it is essential to distinguish between the PERM labor certification process, H-1B nonimmigrant status, immigrant petitions, and permanent-resident status.

The suspension may disrupt or delay certain Green Card cases, but it does not, by itself, establish that every affected employee's H-1B status has been cancelled or that every previously approved immigration benefit has been revoked.

The separate $100,000 H-1B payment policy also remains a distinct legal issue. Although the administration extended the policy, court orders have affected enforcement, making it important to verify the latest legal position before acting.

For employees and employers, the most sensible approach is to:

·        Confirm the actual status of each immigration case.

·        Monitor official government updates.

·        Keep employment and immigration documents organized.

·        Review important deadlines.

·        Obtain qualified legal advice before making significant decisions.

Immigration policies and litigation can change quickly. Readers should verify the latest requirements through official US government sources.

Official Government Resources

US Department of Labor – Foreign Labor Certification
https://www.dol.gov/agencies/eta/foreign-labor

US Department of Labor – PERM Program
https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent

US Citizenship and Immigration Services
https://www.uscis.gov/

US Department of State – Visas
https://travel.state.gov/content/travel/en/us-visas.html

White House – September 2026 H-1B Proclamation
https://www.whitehouse.gov/presidential-actions/2026/09/restriction-on-entry-of-certain-nonimmigrant-workers/

This article is for general informational purposes and is not a substitute for individualized legal advice.

Company Restrictions, Pending Green Card Cases, H-1B Employment and Practical Implications

The reported suspension of eight major technology companies from the US Permanent Labor Certification (PERM) program has raised concerns among employees pursuing employer-sponsored Green Cards.

The most important question is not simply whether a company has been named in the announcement. Employees need to understand how the action may affect their specific immigration case, whether they can continue working, and what options may remain available.

This part examines the practical implications for employees, employers, pending PERM applications, approved immigrant petitions, and H-1B workers.

Important: The consequences depend on the scope of the government action, the employee's immigration history, and any subsequent administrative or court decisions. This article provides general information, not individualized legal advice.

Why Is the PERM Suspension Significant?

PERM is an important step in many employment-based Green Card applications.

When an employer sponsors a qualifying employee through a Green Card category requiring labor certification, the employer generally must complete the applicable Department of Labor process before proceeding with the immigrant petition.

A suspension affecting an employer's participation in PERM can create uncertainty at several stages.

For example:

·        An employee may be waiting for the employer to begin the Green Card process.

·        Recruitment may have started, but the PERM application may not yet have been filed.

·        A PERM application may already be pending.

·        An employee may be waiting for PERM approval before the employer can file Form I-140.

·        An employee may already have an approved I-140 but still be waiting for an immigrant visa number or the next Green Card stage.

These situations are not legally identical.

The first step is to identify the exact stage of the case and determine whether the government action applies to it.

Which Technology Companies Have Been Named?

Recent reporting identified eight companies affected by the announced PERM restrictions:

1.      Microsoft

2.      Adobe

3.      Cognizant

4.      Infosys

5.      Tata Consultancy Services (TCS)

6.      Wipro

7.      HCL Technologies

8.      Capgemini

The reports describe restrictions affecting these companies' participation in the PERM program, including new filings and pending applications.

However, the announcement should not automatically be interpreted as a prohibition on every immigration filing by every named company.

The scope of the restriction, its duration, any exceptions, and subsequent legal developments must be checked against the applicable government notices.

Does the announcement affect every employee at these companies?

Not necessarily.

An employee's circumstances may depend on:

·        The sponsoring legal entity

·        The employee's current immigration category

·        Whether a PERM application exists

·        Whether the application is pending or approved

·        Whether an I-140 petition has been filed or approved

·        Whether an adjustment-of-status application is pending

·        Whether the employee has already become a permanent resident

A company announcement alone does not establish the outcome of every employee's case.

What If the Employer Has Not Started the PERM Process?

Employees who have not started PERM should first ask their employer whether sponsorship is currently available.

A typical employment-based Green Card process may involve:

1.      Confirming the position and sponsorship strategy

2.      Obtaining a prevailing wage determination

3.      Completing the required recruitment process

4.      Filing the PERM application

5.      Proceeding to the immigrant petition stage after labor certification approval, where applicable

If the employer is restricted from participating in PERM, it may be unable to proceed normally with a new application covered by that restriction.

Employees should ask the employer to clarify:

·        Whether sponsorship has formally been approved internally

·        Whether any preparatory steps have been completed

·        Whether a PERM application has actually been filed

·        Whether the restriction applies to the relevant employer entity

·        Whether any lawful alternative category may be available

·        Whether the employer expects to reassess the case if the restriction changes

An employee should not assume that a conversation with a manager or an immigration team means a PERM application has already been submitted.

Always distinguish between a planned application and an application that has actually been filed.

What If Recruitment Has Already Started?

PERM recruitment is a formal process with specific requirements.

An employer may have started recruitment without having filed the actual PERM application.

That distinction matters because completing recruitment does not itself establish that a PERM application has been filed or approved.

If the employer becomes subject to a restriction, it should determine whether it can continue the case, whether additional action is permitted, and whether any deadlines or recruitment requirements need to be addressed.

Employees should ask for a written update rather than assuming that completed recruitment guarantees the next stage will proceed.

The employer and its immigration counsel should evaluate the applicable rules before deciding how to handle the case.

What If the PERM Application Is Already Pending?

A pending application is different from an application that has not been filed.

Recent reports indicate that pending PERM applications involving the named companies have been affected by the announced action.

An employee with a pending application should confirm the actual status of the case.

Useful questions include:

·        What is the PERM filing date?

·        What is the case number?

·        Is the application still pending?

·        Has the Department of Labor issued a notice or decision?

·        Does the suspension specifically cover this filing?

·        Has the employer received any instructions from the government?

·        Have subsequent legal developments affected the restriction?

Should an employee immediately withdraw the application?

No.

A news report alone is not a sufficient reason to withdraw an immigration application.

Withdrawal may affect the employee's broader immigration strategy and should be considered only after reviewing the specific case with qualified immigration counsel.

What If PERM Has Already Been Approved?

An approved PERM application represents a different stage of the process.

For a typical employment-based case requiring PERM, the employer may proceed to file Form I-140 if the relevant requirements are satisfied.

However, an approved PERM does not automatically grant a Green Card.

The employee and employer should determine:

·        Whether the certification remains valid for the intended filing

·        Whether the employer can proceed with the I-140 petition

·        Whether the employer is subject to any separate restriction affecting the next stage

·        Whether the employee continues to qualify for the intended category

·        Whether applicable filing deadlines remain relevant

The precise consequences of a later restriction depend on the wording of the government action and any applicable legal developments.

Do not assume that a previously approved PERM has automatically been cancelled merely because the employer was subsequently named in an announcement. Verify the status of the actual case.

 What If Form I-140 Has Already Been Approved?

Form I-140 is the immigrant petition commonly used for many employer-sponsored employment-based Green Card cases.

An approved I-140 does not itself mean that the employee has received permanent residence.

The employee may still need to wait for an immigrant visa number to become available and complete the appropriate next stage.

Depending on the circumstances, the employee may be waiting for:

·        Priority-date availability

·        Adjustment of status

·        Consular processing

·        Additional documentation

·        A decision on a related immigration application

An employee with an approved I-140 should ask whether the reported PERM action has any specific legal effect on the existing petition or the next stage of the case.

The answer should not be inferred from the company's name alone.

Can an employee change employers after I-140 approval?

In some circumstances, an approved I-140 may be relevant to priority-date retention or other immigration options.

However, changing employers can affect the Green Card strategy, and the rules depend on the employee's circumstances and the stage of the case.

An employee should obtain case-specific legal advice before changing jobs or assuming that an existing approval automatically transfers to a new employer.

Does PERM Suspension Automatically Cancel H-1B Status?

No. The PERM suspension does not, by itself, automatically cancel an existing H-1B petition, visa, or immigration status.

PERM labor certification and H-1B nonimmigrant classification are separate parts of the immigration system.

An H-1B employee must still comply with the applicable requirements governing the petition, employment, authorized stay, and work authorization.

For example, an employee may have a valid H-1B petition while the employer's PERM application is pending.

The interruption of that PERM case does not, by itself, establish that the H-1B petition has been revoked.

However, employees must separately monitor:

·        H-1B petition validity

·        Authorized stay

·        Employment conditions

·        Extension deadlines

·        Changes in employer

·        Changes in work location

·        Any separate government action affecting the case

A pending PERM application should never be treated as a substitute for valid work authorization.

Can an H-1B Employee Continue Working?

An employee may continue working if the person remains properly authorized to do so and satisfies the applicable immigration requirements.

The relevant question is whether the employee's existing work authorization remains valid, not simply whether the employer's PERM participation has been suspended.

Consider two examples.

Example A: Valid H-1B Employment

An employee is working for a sponsoring employer under a valid H-1B petition.

The employee's PERM application is pending when the company becomes subject to a PERM restriction.

The PERM development does not, by itself, cancel the H-1B petition.

The employee must continue to satisfy the requirements governing the existing H-1B employment.

Example B: H-1B Status Near Expiration

An employee's H-1B status is approaching its expiration date, and the employee is also waiting for PERM.

The employee must separately review the options and deadlines relating to H-1B extension or another applicable immigration route.

A pending PERM application does not automatically extend H-1B status.

These examples illustrate why employees should evaluate each immigration benefit separately.

Can an Employee Change Employers?

A change of employer requires separate consideration of H-1B rules and the Green Card process.

An eligible H-1B worker may be able to begin employment with a new employer after a qualifying, properly filed H-1B petition is submitted, subject to the applicable portability requirements.

However, the employee's Green Card case does not automatically transfer to the new employer.

A new employer may need to evaluate its own sponsorship strategy and determine which immigration steps are required.

Before changing jobs, the employee should review:

·        Current H-1B status

·        Eligibility for H-1B portability

·        The new employer's willingness to sponsor

·        Whether a new PERM process is required

·        Priority-date considerations

·        Any existing I-140 approval

·        The effect of the move on the overall Green Card strategy

An employee should not resign solely on the assumption that a new employer can immediately continue the previous employer's Green Card process.

What About Employees Whose Priority Dates Are Not Current?

An approved I-140 does not automatically provide immediate access to a Green Card.

Many employment-based applicants must wait until an immigrant visa number becomes available under the applicable category and priority-date rules.

The employee's next step may depend on:

·        Employment-based preference category

·        Priority date

·        Country of chargeability

·        Visa availability

·        Eligibility for adjustment of status or consular processing

·        The validity and circumstances of the underlying petition

An employee who already has an approved I-140 should therefore obtain a clear explanation of how the PERM restriction affects the specific case, if at all.

The existence of a PERM suspension should not automatically be interpreted as cancelling the employee's priority date or I-140 approval.

The actual legal effect must be verified.

Could Employers Use Another Green Card Category?

Some employment-based Green Card categories have requirements different from the PERM-based EB-2 and EB-3 process.

Depending on the employee's qualifications and circumstances, a different category may be worth evaluating.

Examples include:

·        EB-1 categories for qualifying individuals

·        EB-2 National Interest Waiver cases, where the legal requirements are satisfied

·        Certain other employment-based classifications with different labor certification requirements

However, these categories are not automatic substitutes for a suspended PERM process.

Each has its own eligibility criteria, evidence requirements, and filing procedures.

For example, an employee does not qualify for a National Interest Waiver merely because the employer's PERM application is delayed.

The employee must independently satisfy the applicable legal standard.

Any alternative strategy should be evaluated by a qualified immigration attorney.

What Is the Separate $100,000 H-1B Payment Policy?

The PERM suspension should not be confused with the separate H-1B payment policy.

A September 2026 presidential proclamation extended the earlier restriction concerning a $100,000 payment for certain H-1B workers seeking entry to the United States. The proclamation extended the restriction through September 21, 2027, subject to its terms and exceptions.

However, federal court orders have affected enforcement of the payment requirement.

A federal judge in California issued a ruling against enforcement on September 30, 2026, following earlier litigation concerning the policy. Reporting on October 1 stated that the fee remained blocked.

As a result, the existence of the presidential proclamation should not be interpreted on its own as proof that the payment is currently collectible.

Employers and applicants should verify the latest court orders and agency guidance before taking action.

Does this policy affect every H-1B worker?

No. The proclamation concerns specified categories and circumstances. Its applicability should not be generalized to every H-1B holder, transfer, extension, or change-of-status case.

Is it the same as the PERM suspension?

No.

PERM Suspension	H-1B Payment Policy
Concerns labor certification for certain employment-based Green Cards	Concerns specified H-1B entry and petition circumstances
Administered through the Department of Labor's PERM framework	Involves presidential action and immigration agency implementation
Can affect employer-sponsored permanent-residence cases	Can affect specified H-1B cases
Does not automatically cancel existing H-1B status	Must be evaluated under the proclamation, applicable exceptions, and controlling court orders

These are distinct developments and should be analyzed separately.

What Should Employees Ask Their Employer?

Employees concerned about the PERM restriction should request specific information rather than relying only on general company announcements.

Useful questions include:

1.      Has my PERM application been filed?

2.      What is my current PERM case status?

3.      Does the government action apply to my application?

4.      Has the company received any official notice affecting my case?

5.      If PERM cannot proceed, what other lawful options may be available?

6.      Is my H-1B petition still valid?

7.      When must my next H-1B extension be filed, if applicable?

8.      Do I have an approved I-140?

9.      Are any important immigration deadlines approaching?

10.   Should I obtain independent immigration advice?

Employees should retain copies of their own immigration documents and important communications.

They should also avoid making employment decisions based solely on unverified statements from recruiters, colleagues, or social media posts.

What Should Employers Do?

Employers affected by a government restriction should evaluate each case individually.

A practical review may include:

Case Identification

Prepare an accurate list of affected PERM applications and their current stages.

Legal Review

Confirm the precise scope of the government action and whether any subsequent orders or exceptions apply.

Employee Communication

Provide affected employees with accurate information about their individual cases.

Deadline Management

Review H-1B expiration dates, extension requirements, and other immigration deadlines separately from PERM.

Alternative Strategies

Where appropriate, assess whether another lawful immigration category may be available to a particular employee.

Documentation

Maintain accurate records of applications, decisions, correspondence, and legal advice.

Ongoing Monitoring

Check official agency guidance and relevant court developments before making further decisions.

Employers should avoid treating every employee as having the same immigration circumstances.

Important Mistakes to Avoid

Employees and employers should avoid the following assumptions:

Mistake 1: Every employee at a named company has lost H-1B status.

Correction: The PERM action does not, by itself, automatically cancel existing H-1B status.

Mistake 2: Every pending Green Card application has been permanently denied.

Correction: A suspension and a final denial are different. The actual case status and applicable government action must be checked.

Mistake 3: An approved I-140 automatically means a Green Card is guaranteed.

Correction: Additional requirements, including visa availability where applicable, may remain.

Mistake 4: An employee can simply transfer the existing PERM case to a new employer.

Correction: A new employer must evaluate the applicable sponsorship requirements and the employee's existing immigration history.

Mistake 5: Every employee automatically qualifies for a National Interest Waiver.

Correction: Alternative categories have their own legal standards.

Mistake 6: The announced H-1B payment policy is necessarily being enforced because the proclamation was extended.

Correction: Applicable court orders and agency guidance must also be considered.

Mistake 7: A news article is enough to determine an individual's immigration rights.

Correction: Individual documents, case status, and current law matter.

Practical Checklist for Employees

Use this checklist if your employer has been named in the PERM suspension reports.

Green Card Case

·        Confirm whether PERM has actually been filed.

·        Obtain the filing date and case information.

·        Confirm whether the application is pending or approved.

·        Ask whether the restriction applies to your case.

·        Determine whether Form I-140 has been filed or approved.

·        Check whether any later Green Card stage is pending.

H-1B Employment

·        Verify the validity of your H-1B petition.

·        Review your authorized stay and employment conditions.

·        Identify upcoming extension deadlines.

·        Confirm whether any separate immigration action affects your case.

·        Obtain advice before changing employers.

Documentation

·        Retain immigration approval notices.

·        Keep copies of relevant employment documents.

·        Save official communications about the PERM case.

·        Maintain a record of important deadlines.

·        Obtain professional advice where appropriate.

This checklist is intended to help organize the review. It does not replace individualized legal advice.

Frequently Asked Questions

1. Does the PERM suspension mean a company can no longer sponsor any immigration benefit?

Not necessarily. The reported action concerns the PERM program. The precise scope and any restrictions on other immigration filings must be verified separately.

2. Can a worker continue working while a PERM application is pending?

A worker may continue working if the worker has the required work authorization and satisfies the applicable immigration requirements. A pending PERM application alone does not authorize employment.

3. What happens if PERM has not yet been filed?

The employee should ask the employer whether it can initiate the process under the current restrictions. The employee should not assume that preparatory work guarantees a filing.

4. Does an approved PERM automatically grant permanent residence?

No. The employee generally must complete the remaining applicable immigration steps.

5. Does an approved I-140 automatically provide a Green Card?

No. Additional requirements and visa availability may remain.

6. Can an H-1B employee move to another employer?

An eligible employee may have options under the H-1B portability rules, but the new employer must satisfy the applicable requirements. The Green Card case does not automatically transfer.

7. Can an employee use a National Interest Waiver instead?

Possibly, if the employee independently meets the applicable requirements. A PERM suspension does not itself establish eligibility.

8. Is the $100,000 H-1B payment policy part of the PERM suspension?

No. They are separate government actions involving different legal requirements.

9. What should an employee do first?

Confirm the actual PERM case status, verify current H-1B authorization, identify deadlines, and obtain advice based on the specific case.

10. Where should current information be verified?

Use official Department of Labor, USCIS, Department of State, and relevant court resources. News reports can help explain developments but should not replace the governing documents.

Conclusion

The reported PERM suspension affecting eight technology companies creates uncertainty for employees pursuing employment-based Green Cards.

The impact depends on the employee's case stage, the employer's legal status under the restriction, and any subsequent government or court developments.

The most important distinctions are:

·        PERM labor certification is not an H-1B visa.

·        A pending PERM application does not itself authorize employment.

·        A PERM suspension does not automatically cancel an existing H-1B petition or status.

·        An approved I-140 does not automatically grant permanent residence.

·        Changing employers requires a separate review of H-1B and Green Card requirements.

·        The separate H-1B payment policy must be evaluated in light of the latest court orders.

Employees should confirm their individual case status and avoid making major immigration or employment decisions based only on headlines.

Official government guidance and qualified legal advice remain essential when determining how these developments affect a particular person.

Official Resources

U.S. Department of Labor – Foreign Labor Certification
https://www.dol.gov/agencies/eta/foreign-labor

U.S. Department of Labor – PERM Program
https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent

U.S. Citizenship and Immigration Services
https://www.uscis.gov/

USCIS – Form I-140
https://www.uscis.gov/i-140

U.S. Department of State – Visa Information
https://travel.state.gov/content/travel/en/us-visas.html

White House – H-1B Entry Restriction Proclamation
https://www.whitehouse.gov/presidential-actions/2026/09/restriction-on-entry-of-certain-nonimmigrant-workers/

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Immigration rules, government actions, and court orders may change. Verify the current position before making decisions about employment or immigration status.

US H-1B Visa and Green Card Updates: PERM Suspension, Employer Restrictions and What Workers Should Know

Latest Developments, Official Resources, Employee Action Plan and Final FAQs

The reported suspension of eight major technology companies from the US Permanent Labor Certification (PERM) program has created uncertainty for employees pursuing employment-based Green Cards.

For affected workers, the most important questions concern their current immigration status, pending Green Card applications, employer sponsorship, and available next steps.

This final part brings together the practical guidance, official resources, and related Alampata Travels articles that readers can use to understand their immigration options.

Important: Immigration policies and court decisions can change. The effect of any government action depends on the applicable legal documents and the circumstances of the individual case.

What Has Changed in the PERM Green Card Program?

In October, the US administration announced restrictions affecting eight major technology companies' participation in the PERM labor certification program.

The reported companies include:

·        Microsoft

·        Adobe

·        Cognizant

·        Infosys

·        Tata Consultancy Services (TCS)

·        Wipro

·        HCL Technologies

·        Capgemini

Published reports describe a suspension affecting new and pending PERM applications involving these companies. The stated concerns involve alleged misuse of the labor certification process and the protection of US workers. The exact legal consequences must be assessed against the applicable government action and any subsequent developments.

What should employees understand?

The announcement should not automatically be interpreted as:

·        Cancellation of every H-1B petition held by employees of these companies

·        Automatic termination of every employee's work authorization

·        Cancellation of every previously approved I-140 petition

·        Automatic revocation of every Green Card already issued

·        A blanket prohibition on every immigration category

The effect on a particular employee depends on the case's status, the employer involved, and the precise scope of the restriction.

Employees should obtain case-specific clarification rather than relying on general statements circulating online.

What Is the Difference Between PERM, I-140 and H-1B?

These terms describe different parts of the US immigration system.

Term	Meaning	Main Purpose
PERM	Permanent Labor Certification	Establishes that the employer has satisfied the applicable labor certification requirements for a covered position
Form I-140	Immigrant Petition for Alien Workers	Requests the relevant employment-based immigrant classification
H-1B	Specialty occupation nonimmigrant classification	Allows qualifying employers to employ eligible foreign professionals under the applicable requirements
Form I-485	Application to Register Permanent Residence or Adjust Status	Allows an eligible applicant in the United States to apply for permanent residence
Immigrant Visa	Visa issued through the applicable consular process	Enables an eligible applicant to seek admission as an immigrant, subject to applicable requirements

A PERM suspension does not automatically cancel an H-1B petition because the two processes serve different purposes.

Likewise, an approved I-140 does not itself grant permanent residence.

Understanding these distinctions helps employees avoid making unnecessary decisions based on incomplete information.

What Should Employees With Pending PERM Applications Do?

Employees whose PERM applications may be affected should start by confirming their actual case status.

They should ask the employer or immigration attorney:

1.      Has the PERM application been filed?

2.      What is the filing date and case number?

3.      Is the application pending, approved, denied, or otherwise affected?

4.      Does the announced restriction apply to this specific application?

5.      Has the employer received an official communication concerning the case?

6.      Are any further filings or deadlines approaching?

7.      Has a subsequent government announcement or court order changed the situation?

Should employees withdraw their applications?

Not solely because of a news report.

Withdrawing an immigration application may affect the employee's broader immigration strategy. Any decision should follow a review of the actual case and the applicable legal requirements.

Employees should avoid making significant immigration decisions without understanding the consequences.

What If the PERM Application Has Already Been Approved?

An approved PERM application represents a different stage from a pending or unfiled application.

For a typical employment-based Green Card case requiring PERM, the employer may proceed to the Form I-140 stage if the applicable requirements are satisfied.

However, employees should confirm:

·        Whether the certification remains valid for the intended filing

·        Whether the employer can proceed with the next step

·        Whether any separate restriction affects the case

·        Whether the relevant filing deadlines remain applicable

·        Whether the employee's immigration circumstances have changed

A subsequent announcement should not automatically be interpreted as cancelling an existing approval unless the applicable legal action establishes that result.

The actual status of the case should be verified.

What If Form I-140 Has Already Been Approved?

 An approved I-140 can be an important part of an employment-based immigration case.

However, it does not automatically grant a Green Card or authorize employment beyond the person's existing work authorization.

Depending on the circumstances, the employee may still be waiting for:

·        Priority-date availability

·        Adjustment of status

·        Consular processing

·        Additional documentation

·        A decision on another immigration application

Employees should ask their immigration attorney whether the PERM restriction has any specific effect on their existing petition or the next stage of their case.

Can an employee change employers after I-140 approval?

Certain employees may have options involving priority-date retention or other immigration provisions. However, changing employers can affect the Green Card strategy.

The consequences depend on the employee's circumstances, the stage of the case, and the applicable legal requirements.

Employees should obtain qualified advice before resigning or assuming that an existing approval automatically transfers to a new employer.

Can an H-1B Employee Continue Working?

A PERM suspension does not, by itself, automatically cancel an existing H-1B petition or immigration status.

An employee may continue working if the employee remains properly authorized and satisfies the applicable immigration requirements.

Employees should separately verify:

·        H-1B petition validity

·        Authorized stay

·        Employment conditions

·        Extension deadlines

·        Any proposed employer change

·        Any separate government action affecting their case

A pending PERM application does not itself authorize employment.

Similarly, an employee should not assume that a pending Green Card application automatically extends H-1B status.

What if H-1B status is approaching expiration?

The employee should review the applicable extension or other immigration options well before the relevant deadline.

The employer and immigration counsel should evaluate the case separately from the PERM suspension.

What If an Employee Wants to Change Employers?

Changing employers involves a separate assessment of H-1B requirements and the employee's Green Card history.

An eligible H-1B worker may qualify to begin employment with a new employer after a qualifying, properly filed petition, subject to the applicable portability requirements.

However, the previous employer's PERM application does not automatically transfer to the new employer.

Before changing jobs, an employee should review:

·        Current H-1B status

·        Eligibility for H-1B portability

·        The new employer's sponsorship plans

·        Whether a new PERM process is required

·        Any existing I-140 approval

·        Priority-date considerations

·        The potential effect on the overall Green Card strategy

Employees should avoid resigning based solely on a verbal promise that a new employer will continue the previous immigration process.

For additional guidance, see the existing H1B Visa Transfer Process for Indians – Complete Guide.

What Is the Current Status of the $100,000 H-1B Payment Policy?

The $100,000 H-1B payment policy is separate from the PERM suspension.

The administration extended the relevant proclamation in September, but federal court orders have affected enforcement of the payment requirement.

On September 30, 2026, a federal court in California issued a ruling against enforcement of the fee. The court action followed earlier litigation concerning the policy.

The important distinction is that an announced or extended presidential policy is not necessarily enforceable in every circumstance when a controlling court order prevents implementation.

Does the payment apply to every H-1B worker?

No. The proclamation concerns specified circumstances and categories. Its applicability should not be generalized to every existing H-1B holder, extension, transfer, or change-of-status case.

Employers and applicants should verify the latest court orders and official agency guidance before making a payment or filing decision.

Do not make an immigration payment solely because an employer, recruiter, or online post claims it is mandatory. Confirm the applicable requirement through reliable sources and qualified legal advice.

Can Employees Consider Another Green Card Category?

Some employment-based immigration categories have requirements different from the PERM-based EB-2 and EB-3 process.

Depending on the employee's qualifications and circumstances, it may be appropriate to ask an immigration attorney whether another category is available.

Possibilities may include:

·        Certain EB-1 classifications

·        EB-2 National Interest Waiver, where the legal requirements are met

·        Other qualifying employment-based categories

These are not automatic replacements for a suspended PERM process.

Each category has its own eligibility standards and evidence requirements.

For example, an employee does not qualify for a National Interest Waiver simply because the employer's PERM application is delayed.

An alternative strategy should be considered only after an individual eligibility assessment.

How Can Employees Protect Their Immigration Records?

Employees should keep important immigration and employment documents organized.

Useful records may include:

·        H-1B approval notices

·        Employment offer letters

·        Employment verification letters

·        PERM filing information

·        I-140 receipt or approval notices

·        Pay statements

·        Employment agreements

·        Immigration attorney communications

·        Relevant government notices

·        Information about important filing deadlines

Keeping these records can make it easier to understand the current case status and obtain advice if circumstances change.

Employees should also make sure they understand the distinction between a filing receipt, an approval notice, a visa, and authorization to work.

These documents do not necessarily provide the same rights.

Official Resources for H-1B and Green Card Updates

For current information, employees and employers should use official government resources wherever possible.

US Department of Labor

The Department of Labor provides information about permanent labor certification, employer obligations, and foreign labor certification programs.

Official resource:
https://www.dol.gov/agencies/eta/foreign-labor

US Citizenship and Immigration Services

USCIS provides information about employment-based immigrant petitions, H-1B petitions, adjustment of status, and related immigration procedures.

Official website:
https://www.uscis.gov/

USCIS Form I-140

This page provides the official form and related instructions for immigrant petitions for qualifying workers.

Official resource:
https://www.uscis.gov/i-140

US Department of State

The Department of State provides information about immigrant and nonimmigrant visas and consular processing.

Official website:
https://travel.state.gov/content/travel/en/us-visas.html

White House

Presidential proclamations and executive actions can be reviewed on the White House website.

Official website:
https://www.whitehouse.gov/presidential-actions/

Court decisions and subsequent agency instructions should also be checked when a policy is subject to litigation.

Related H-1B and H-4 Guides From Alampata Travels

Readers who want to understand related employment and family immigration topics can continue with the following existing guides.

H-1B Visa Guides

1. H1B Visa for Indians – Complete USA Work Visa Guide

https://blog.alampatatravels.com/2026/05/h1b-visa-for-indians-usa-work-visa-guide.html

2. H1B Visa Transfer Process for Indians

https://blog.alampatatravels.com/2026/06/h1b-visa-transfer-process-indians.html

3. H1B Visa Extension Process for Indians

https://blog.alampatatravels.com/2026/06/h1b-visa-extension-process-indians.html

4. H1B Visa Rejection Reasons for Indians

https://blog.alampatatravels.com/2026/05/h1b-visa-rejection-reasons-indians.html

5. H1B to Green Card Process for Indians

https://blog.alampatatravels.com/2026/06/h1b-to-green-card-process-indians.html

H-4 Visa Guides

6. H4 Visa for Spouse & Children of H1B Holders

https://blog.alampatatravels.com/2026/06/h4-visa-for-spouse-and-children-of-h1b-holders.html

7. H4 Visa Travel Rules & Re-Entry to USA

https://blog.alampatatravels.com/2026/06/h4-visa-travel-rules-re-entry-usa.html

These links lead to the previously published H-1B/H-4 guides on the Alampata Travels blog.

Frequently Asked Questions

Does the PERM suspension automatically cancel H-1B status?

No. The suspension does not, by itself, automatically cancel an existing H-1B petition or status. The employee must still meet the applicable H-1B requirements.

Does an approved PERM application guarantee a Green Card?

No. Additional immigration steps and eligibility requirements remain.

Does an approved I-140 mean that a Green Card has been issued?

No. The applicant may still need to complete the applicable next stage and wait for visa availability where required.

Can an employee continue working if PERM is suspended?

An employee may continue working if the employee remains properly authorized under the applicable immigration rules. PERM status alone does not establish work authorization.

Can an employee change employers?

An eligible employee may have options under the H-1B portability rules. The new employer must satisfy the applicable requirements, and the Green Card process requires separate analysis.

Does every employment-based Green Card require PERM?

No. Many EB-2 and EB-3 cases require labor certification, but other categories have different requirements.

Is the $100,000 H-1B payment policy the same as the PERM suspension?

No. They are separate policies involving different legal requirements.

Should employees withdraw their pending PERM applications?

Not solely because of a news report. Employees should confirm their case status and obtain advice before making a decision.

Where can employees check current immigration requirements?

Employees should consult the Department of Labor, USCIS, the Department of State, and qualified immigration counsel.

Can Alampata Travels guarantee H-1B or Green Card approval?

No. Government agencies make immigration decisions. No private company can guarantee approval of a visa, petition, or Green Card.

Conclusion

The reported PERM suspension affecting eight technology companies is an important development for employees pursuing employer-sponsored Green Cards.

However, its effect depends on the individual case, the stage of the immigration process, the employer involved, and any subsequent government or court decisions.

Employees should remember these key points:

·        PERM labor certification is separate from H-1B status.

·        A pending PERM application does not itself authorize employment.

·        A PERM suspension does not automatically cancel every existing H-1B petition.

·        An approved I-140 does not itself grant permanent residence.

·        Changing employers requires a separate review of immigration requirements.

·        The $100,000 H-1B payment policy must be evaluated in light of the latest controlling court orders and agency guidance.

The most responsible approach is to confirm the actual status of each immigration case, monitor official government updates, retain important documents, and seek qualified legal advice before making major immigration or employment decisions.

Immigration policies can change quickly. Readers should verify current requirements before relying on information in this article.

Disclaimer

This article is provided for general informational purposes only. It does not constitute legal advice or create an attorney-client relationship.

Immigration rules, government policies, and court orders may change. The consequences for an individual depend on the person's circumstances and the law applicable at the relevant time.

Applicants and employers should consult official US government resources and qualified immigration counsel before making decisions concerning visas, employment, or permanent residence.

Alampata Travels

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