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US PERM suspension: What happens to pending green card cases?

US PERM suspension: What happens to pending green card cases?

The US PERM suspension announced on October 8, 2026, has halted processing of pending labor certification applications involving eight major technology companies. Indian H-1B workers pursuing employment-based green cards could face delays, while questions remain about existing applications.

The US government's decision to suspend eight technology companies from the Permanent Labor Certification Program (PERM) has created uncertainty for foreign professionals awaiting employment-based green cards.

Announced on Thursday, October 8, 2026, the restriction affects Microsoft, Adobe, Infosys, Tata Consultancy Services (TCS), Cognizant, Wipro, HCL Technologies and Capgemini.

What happens to pending PERM applications?

Labor Secretary Keith Sonderling said the Department of Labor would stop accepting new PERM applications and processing pending cases involving the suspended companies.

This means applications awaiting labor certification may remain unresolved while the restrictions apply. The announcement did not establish that every pending application would automatically be rejected or withdrawn.

How PERM delays affect green card processing

PERM certification is generally an early requirement for employer-sponsored green cards under the EB-2 and EB-3 categories.

Employers typically must obtain labor certification before filing Form I-140 with US Citizenship and Immigration Services (USCIS).

A suspension at the certification stage can therefore delay subsequent immigration filings. The impact depends on how far an employee's application has progressed.

Impact on Indian H-1B workers

Indian technology professionals employed by the affected companies could experience delays in their permanent residency plans.

For employees approaching immigration deadlines, the timing of PERM certification may be especially significant.

However, a suspended PERM application does not automatically mean an employee's existing H-1B authorization has been canceled. Individual circumstances and immigration deadlines must be evaluated separately.

What remains unclear about pending cases?

The administration has not announced a definite end date for the suspension or fully explained how processing will resume.

Affected employees should confirm their application's current stage with their employer or immigration attorney and monitor official Department of Labor updates.

Until implementation guidance is issued, the central uncertainty is not whether pending cases face a processing halt, but how long the interruption will last and how the government will handle applications already in the system.

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