On October 8, 2026, the Department of Labor said it will not accept new PERM applications from Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies or Capgemini, and will not process their pending ones. (SHRM) If you work for one of them, here is how it touches you at each stage of a green card case.
- Not filed yet: reports say your employer cannot start PERM for you while the suspension lasts
- PERM pending: frozen, not denied. If there is no fraud finding, it is decided on its merits
- PERM certified, or I-140 filed: officials did not address these stages, though a later fraud finding could change that
- I-140 approved: you generally keep your priority date, even with a new employer, unless the approval is later revoked
- Nothing is final yet: no written Labor Department notice had been published as of October 9
First, a quick refresher
For most employer-sponsored green cards the order is:
- PERM (labor certification) with the Department of Labor.
- I-140 petition with USCIS.
- Green card application (I-485 in the US, or a visa abroad) once your priority date is current.
Your priority date is your place in line. For petitions that need a labor certification, it is set by the PERM filing:
"the date the labor certification application was accepted for processing by any office of the Department of Labor." 8 CFR 204.5(d)
Where you stand, stage by stage
| Your stage | What the suspension means, as of October 9, 2026 |
|---|---|
| PERM not filed | Reports say your employer cannot file it while the suspension lasts |
| PERM pending | Processing is paused. Not denied |
| PERM certified, I-140 not yet filed or pending | Officials did not address this stage |
| I-140 approved | Your priority date is generally yours to keep |
(SHRM, Samper Law)
If your PERM is pending
A suspension is a pause, not a decision. The Labor Department's rules say that if charges end without a finding of fraud or willful misrepresentation, each pending application is decided on its merits. If no charges are brought, the Labor Department can resume processing or extend the suspension. (20 CFR 656.31(b) and (d))
The cost is time. The first suspension period can run up to 180 days and can be extended. (20 CFR 656.31(b)(2)) While your PERM is frozen, you cannot move on to the I-140. If you are on H-1B, read how the six-year limit works, because a frozen PERM can still count toward an extension.
If your I-140 is approved
This is the strongest position. An approved I-140 gives you a priority date you can carry to a later petition:
"A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under section 203(b)(1), (2), or (3) of the Act for which the alien may qualify." 8 CFR 204.5(e)(1)
You lose that date only if USCIS revokes the approval for fraud or willful misrepresentation of a material fact, for a material error, or because the labor certification was revoked or invalidated. (8 CFR 204.5(e)(2)) More detail is in our priority date retention guide.
Those exceptions matter here. If an investigation led to the PERM being revoked or to a fraud finding, USCIS could revoke the I-140, and the priority date would not be kept. Nothing reported as of October 9, 2026 says that has happened.
If you are thinking about changing employers
- A new employer can start its own PERM for you. The recruitment and PERM process start again with that employer.
- With an approved I-140, you can generally use your earlier priority date for the new petition. (8 CFR 204.5(e))
- Without an approved I-140, your priority date in the new case will generally be the date the new employer's PERM is accepted for processing, unless an earlier I-140 that is still pending is later approved.
- If your green card application (I-485) has been pending for 180 days or more, you may be able to move to a job in the same or a similar occupation without a new PERM, under section 204(j) of the immigration law. (8 CFR 245.25)
Or skip PERM entirely
EB-1A and EB-2 NIW do not need PERM or an employer sponsor, and you can file them yourself. Your priority date from an approved I-140 can also carry into them. See green card routes that do not need PERM.
- Your PERM filing date and case number, if one was filed
- Your I-140 receipt or approval notice, and its priority date
- Your H-1B start date and total time used, for the six-year limit
- A copy of any notice your employer receives from the Labor Department
- Your CV and evidence, in case EB-1A or NIW is an option
This is general information, not legal advice. Your employer's immigration attorney, or your own, can tell you how this applies to your case.
Sources
- 8 CFR 204.5, employment-based immigrant petitions, paragraphs (d) and (e)
- 20 CFR 656.31, Department of Labor rules on suspension and debarment
- SHRM, "PERM Suspensions Latest Blow to Immigration Programs," October 8, 2026
- Samper Law, PERM suspension analysis, October 8, 2026
Frequently asked questions
My PERM is pending with one of the eight employers. Is it denied?
No. A suspension pauses processing; it is not a denial. If charges end without a finding of fraud, 20 CFR 656.31(d) says each pending application is decided on its merits, and if processing resumes without charges, applications are decided in the normal way. It may still take a long time.
My I-140 is approved. Do I lose my priority date if I change jobs?
Generally no. Under 8 CFR 204.5(e), an approved I-140 gives you its priority date for later petitions in EB-1, EB-2 or EB-3. You lose it only if USCIS revokes the approval because of fraud or willful misrepresentation, a material error, or revocation or invalidation of the labor certification.
Does the suspension cancel approved PERMs or I-140s?
Officials did not say so as of October 9, 2026, and reports say approved H-1B visas and green cards are not cancelled. Watch for a written notice.
Can a new employer start PERM for me?
Yes, a new employer can file its own PERM. If you already have an approved I-140, you can generally keep that earlier priority date for the new petition.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
