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What the U.S. PERM Suspension Means for Workers

What the U.S. PERM Suspension Means for Workers

PERM is a step some employers use to support a worker’s green card case; the suspension limits new applications from named companies.

WorldOctober 9, 20263 min readHow Sureno writes this

The short version

  • PERM is a Labor Department certification employers may need for a worker’s employment-based green card case; the process requires showing that suitable U.S. workers are not available for the permanent job. 1
  • On October 8, 2026, the department said it would stop accepting or processing new PERM applications from Microsoft, Adobe and several other companies. 12
  • Officials cited investigations and alleged misuse, but the available reports do not establish that the companies committed fraud. 124
  • The reports do not explain how the suspension affects applications already filed or how long the restrictions will last. 12

What is the PERM program?

PERM is short for the Labor Department’s Permanent Labor Certification program. It is a step an employer may use when seeking permanent, employment-based immigration status for a worker. The employer must show that there are no suitable U.S. workers for the permanent job opportunity. 1

A green card is the common name for a U.S. permanent resident card. H-1B is a temporary work visa category; PERM can be an important step for some H-1B workers seeking permanent residence, but it is not itself a visa or a green card. 13

Which companies are affected by the suspension?

The Labor Department announced that it would not accept or process new PERM applications from Microsoft, Adobe, Cognizant, Infosys, Capgemini, Tata, Wipro and HCL. Reports describe Microsoft and Adobe as suspended in connection with active federal investigations. 12

The published accounts do not provide a full explanation of the process for adding each company to the restrictions or say whether the list could change. They also do not give a timetable for the suspensions. 12

Why did the administration suspend these companies?

Labor Secretary Keith Sonderling cited active federal investigations involving Microsoft and Adobe. The administration said it was examining possible fraud and whether foreign hiring had harmed U.S. workers. These are allegations and investigative concerns, not findings established in the reports. 12

Vice President JD Vance publicly singled out Microsoft, accusing it of abusing the system. The companies’ inclusion in the suspension does not by itself prove wrongdoing. Microsoft said it files H-1B petitions for people who meet that visa category’s requirements. 14

What could this mean for workers and employers?

For the affected employers, the stated restriction is that the Labor Department will not accept or process new PERM applications. For workers whose employer would use PERM as part of a green card case, that may interrupt or delay the start of that step. The reports do not spell out individual case effects, so the impact may depend on a person’s circumstances and the status of their application. 12

The reports do not say whether applications filed before the announcement will continue to be processed, whether other immigration routes are affected, or what workers should do next. A worker with a case in progress can ask their employer or an immigration professional about their specific situation; this explainer cannot determine an individual case’s status.

What is still unknown about the PERM restrictions?

The reports available as of October 9, 2026, do not provide the investigation findings, a final decision about alleged misconduct, or a date when the restrictions might end. They also do not clarify the treatment of pending applications. 12

The Labor Department’s announcement and official guidance are the best places to check for changes. Workers should rely on case-specific information from their employer or a qualified immigration professional rather than assume that the same outcome applies to every applicant.

What we don't know yet

  • Whether applications submitted before the announcement will still be processed.
  • How long the suspensions will last and whether the company list will change.
  • What the federal investigations will conclude and whether any formal findings will follow.

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Questions people ask

Can Microsoft still file new PERM applications?

The Labor Department said it would not accept or process new PERM applications from Microsoft. The reports do not state how long the restriction will last. 12

Is Adobe also suspended from the PERM program?

Yes. The Labor Department included Adobe among the companies suspended from new PERM applications, citing active federal investigations involving the company. The reports do not give a timetable for the restriction. 12

Does a PERM suspension cancel a worker’s H-1B visa?

The reports describe a suspension from new PERM applications, not a cancellation of H-1B visas. They do not explain the effect on any individual visa or immigration case. 12

Does the suspension mean the companies committed fraud?

No final finding of fraud is established in the reports. Officials cited investigations and alleged misuse, while Microsoft said it files H-1B petitions for people who meet the category’s requirements. 12

What does PERM have to do with a green card?

PERM is a labor certification step employers may use in an employment-based green card case. It requires the employer to show that suitable U.S. workers are not available for the permanent job opportunity. 1

Sources

  1. Trump Administration Cuts Off Access to a Major Immigration Program for Workers at Microsoft and Adobe — WIRED, 2026-10-08
  2. U.S. suspends Microsoft, Adobe from green-card labor program in foreign worker crackdown — CNBC, 2026-10-08
  3. WATCH: Vance says Microsoft is being suspended from green card program for H-1B visa workers — PBS News, 2026-10-08
  4. Trump administration says Microsoft ‘abused’ worker visa program and is cutting off access — The Verge, 2026-10-08

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