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H-1B Workers Face Uncertainty After PERM Suspension
13 Oct
Summary
- US suspends eight tech companies from PERM program.
- Workers nearing H-1B six-year limit face difficult choices.
- Legal ambiguity surrounds pending PERM applications and extensions.
The U.S. administration has suspended eight prominent technology companies from the Permanent Labor Certification (PERM) program. This action, initiated on October 8, 2026, affects new applications and pending cases for companies like Microsoft, Adobe, and Tata Consultancy Services (TCS).
This suspension creates significant uncertainty for H-1B visa holders approaching their six-year stay limit. Immigration experts highlight that workers must determine their eligibility for extensions, as not qualifying leaves them in a difficult situation. Options include seeking sponsorship from another employer, applying for self-petitioned green cards, or changing their immigration status.
A critical unresolved issue is whether PERM applications that were pending before the suspension still count as 'pending' for extending H-1B status. This legal ambiguity directly impacts workers relying on the 365-day rule for extensions. Moving to a new employer is possible, but initiating a fresh PERM process may not be completed before the six-year clock expires.
Workers who reach their H-1B limit without extensions must typically leave the US or change to another eligible status. Their dependents, on H-4 visas, are also affected. Affected Indian workers are advised to verify their case status, including PERM and I-140 filings, and explore all available options before their authorized stay ends.
