If your green card case runs through Microsoft, Adobe, or an outsourcing firm like Cognizant or Infosys, your group chats are probably blowing up today: "The vice president just announced that PERM (the permanent labor certification, the first step of an employment-based green card) is frozen for these companies."
Here is the short version: On Thursday, October 8, Vice President Vance and Labor Secretary Sonderling announced that eight companies are being suspended from PERM. That part is real, and multiple outlets reported it. But as of the evening of October 8 (Eastern time), we could not find a matching notice on the Department of Labor (DOL) news release page or the OFLC announcements page, so there is no official document yet that spells out the scope, the duration, or the legal basis. Below, we separate what has been officially stated, what only the press has reported, and what nobody has said.
01 Which eight companies were named?
According to CNN and other outlets, DOL will stop accepting new PERM filings from these companies and will stop processing the ones that are already pending:
| Type | Company |
|---|---|
| Tech companies | Microsoft, Adobe |
| Outsourcing firms | Cognizant, Infosys, TCS (Tata Consultancy Services), Wipro, HCL, Capgemini |
Two points to be clear about.
- TCS (Tata Consultancy Services) comes from media lists (for example VisaVerge). Sonderling's own words, as quoted, say only "Tata", and some outlets print just "Tata". The name does not come from a DOL document, because DOL has not published a notice.
- As for the reason, Sonderling said at the event that the companies are tied to multiple active federal investigations. That is the government's position. We have not seen any report that any of the companies has been sued or found to have broken the law.
What is an allegation, and what has been decided? Everything so far is an allegation. Vance said Microsoft laid off about 6,000 American workers last year while employing 6,300 foreign workers it brought in on H-1B visas (as reported by CNN). Microsoft publicly disputed this: it said that of the roughly 6,000 H-1B petitions it filed last fiscal year, 80% were extensions or changes of status for current employees, and that new hires make up only about 1% of its U.S. workforce (as reported by KOMO, citing Microsoft's website statement). No court has ruled on either side's claims.
Also, as reported by the press, Sonderling said these companies have received more than 230,000 H-1B approvals and more than 100,000 PERM certifications since 2009. That is his claim; we found no DOL source data to check it against.
02 My PERM is pending. What happens now?
Known: According to press accounts of what Sonderling said, DOL will not accept new PERM filings from these companies and will not process the ones already filed. In other words, your case will most likely sit where it is.
Not known:
- How long. CNN describes the suspension as indefinite, and when Vance was asked about it at the event, he said it would last as long as they think it needs to. No one has said what the companies would have to do to get back in.
- Whether there is a written notice. For the Cloudera action (see Section 06), DOL published a news release. We have not seen one for this announcement.
- Whether recruitment records will go stale. One law firm warns that the recruitment that comes before a PERM filing has time limits, so a long freeze could force a redo. We did not check the exact time limit this time, so ask your attorney.
Put simply: the only thing we can be sure of is that things are frozen now. When they thaw and how, nobody has said.
03 My PERM or I-140 is already approved, or my I-485 is already filed. Am I affected?
Take this in two parts, because two different agencies are involved.
- The Department of Labor (DOL) handles PERM. This announcement is about that step.
- USCIS handles the I-140 (the immigrant petition your employer files for you) and the I-485. So far, we have not seen USCIS or the Department of Homeland Security say anything about these eight companies.
By stage:
| Where you are | What has been said officially | What is still unknown |
|---|---|---|
| PERM approved, I-140 not yet filed | Nothing says approved PERMs are void. Under 20 CFR 656.30(b), an approved labor certification expires if it is not filed with an I-140 within 180 calendar days | Whether the company can still file the I-140 normally; there is no official word |
| I-140 approved, I-485 not yet filed (your date is not current) | No official word | Whether USCIS will take a second look at these I-140s; no one has said |
| I-485 filed, waiting | No official word. Several law firms say they have seen no policy to automatically deny the I-485s of these companies' employees | Same as above. This is the law firms' read, not an official statement |
What this means for you: no official document so far mentions canceling anything that has already been approved. But "not mentioned" does not mean "will not happen," which is why the next point is the one to watch.
The federal regulation at 8 CFR 204.5(e)(2) says an I-140's priority date cannot be retained if the approval is later revoked because of fraud, or because DOL revoked the accompanying labor certification, or because the labor certification was invalidated. Right now that is only a "what if." The government has not said that any approved labor certification has a problem.
04 If I move to another employer, can I keep my priority date?
This is the question people ask most. Here is what the regulations say:
- 8 CFR 204.5(e)(1): the priority date of an approved I-140 carries over to any later EB-1 (extraordinary ability), EB-2 (advanced degree professionals) or EB-3 (skilled and professional workers) petition you qualify for. The text refers to petitions that have been approved.
- 8 CFR 204.5(d): for cases that need a labor certification, the priority date is the day DOL accepted the labor certification application for processing.
- 8 CFR 204.5(e)(4): a priority date cannot be transferred to another person.
So:
- Your I-140 is approved: if you move to a company that was not named, you can usually keep the original priority date and have the new employer start a new PERM and I-140. The exception is the revocation situation described in the previous section.
- Your PERM is pending and the I-140 is not approved: on the literal text, there is no retainable priority date yet, so moving to a new company basically means starting over with the new employer's PERM. This is our reading of the regulation, not an official statement about this event. Talk to a lawyer before you change jobs.
- Your I-140 is approved and your I-485 has been pending 180 days or more: you may be able to change employers under AC21 (also called 485J), but both conditions must be met: the I-140 is approved (or was pending when the I-485 was filed and was later approved), and the I-485 has been pending at least 180 days. The new job must also be in the same or a similar occupational classification (8 CFR 245.25). A pending I-485 of 180 days alone is not enough. This announcement did not change that rule. For three real cases, see our earlier article, Can you keep your green card if you change jobs after 180 days on the I-485?
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05 Will H-1B extensions and transfers be affected?
Known: This announcement is about PERM. No official statement mentions H-1B status itself, and several outlets and law firms say current H-1B status is untouched by this announcement.
Not known, and the two things most worth watching:
- H-1B extensions beyond six years. The current regulation, 8 CFR 214.2(h)(13)(iii)(D), allows H-1B extensions past six years if, among other conditions, a labor certification or immigrant petition was filed at least 365 days earlier. If you are relying on a PERM that is now frozen, there is no official word on how USCIS will treat it.
- Whether extension and transfer reviews will get stricter. One law firm says it has seen some extensions and transfers approved less smoothly than before. That is the firm's own observation and is not backed by official data.
If you are approaching the end of your six years on H-1B, do not wait for an official notice. Sit down with your attorney and work out the timeline now.
06 The precedents: what happened in the Cloudera and Cognizant cases?
This is not the first time DOL has done this. There are two precedents this year, in this order: Cloudera (May, 180 days) → Cognizant (September) → the October 8 announcement (eight companies, Cognizant included).
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April 28: The Justice Department's Civil Rights Division sued the software company Cloudera before the Office of the Chief Administrative Hearing Officer (OCAHO). It alleged that Cloudera built a recruitment process during PERM that kept U.S. workers from applying (for example, by telling applicants to submit to an email address that could not receive outside email), while telling DOL it could not find qualified U.S. workers. The Justice Department's claim rests on the anti-discrimination provision of the Immigration and Nationality Act.
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May 12: DOL announced that it was suspending processing of PERM applications filed by Cloudera, or on its behalf, for 180 days, with a possible extension depending on the outcome of the Justice Department's investigation. The news release also said DOL will keep using its existing suspension authority against employers under investigation by the Justice Department or other agencies, but it did not name the specific regulation.
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Where it stands now: We found no report of a settlement, dismissal or ruling, and no extension notice. The allegations remain allegations. Counting 180 days from May 12 gives early November (this is our own calculation; DOL did not state a start date).
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Early September (media reports dated about September 9): DOL Inspector General Anthony D'Esposito announced on X that Cognizant's PERM filings were suspended; Outlook Business reports he then posted that Cloudera's PERM filings were suspended too. He did not say what the allegations are, how many cases are affected, or how long it lasts (reported by The Week, Outlook Business and YourStory). On September 18 the DOL Office of Inspector General news release said the Department "has suspended visa applications from Cognizant and Cloudera pending this criminal investigation" and that investigators had issued dozens of subpoenas and executed search warrants. That is the only .gov document we found; it does not use the word "PERM" or give a term, and we could not open the X post itself, so the date rests on media reports.
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October 8: Vance and Sonderling announced the eight companies. Cognizant is on the list.
There is a regulation that fits: 20 CFR 656.31(b) says that when DOL learns an employer is under investigation by a federal agency for possible fraud or willful misrepresentation, it may suspend processing of PERM applications involving that employer. The initial suspension can last up to 180 days. After that, the National Certifying Officer may resume processing or extend the suspension until the investigation or court proceedings end, and DOL generally must give the employer written notice. But for the eight companies in this announcement, DOL has not said whether it is relying on this section or what the term is (CNN reports it as indefinite). Do not apply Cloudera's 180 days to these eight companies.
What we have not verified
- DOL's formal announcement and the regulatory basis for the suspension.
- Whether the suspension has a time limit, and what the companies must do to be restored.
- Whether the eight companies received written notices.
- Whether USCIS has any follow-up plan for approved PERMs, I-140s or I-485s.
- Whether other companies beyond these eight will be named.
We will update this article once DOL or USCIS issues a formal statement. To see official documents as soon as they appear, follow our PERM labor certification rule tracker.
This article is an information roundup and is not legal advice. For how this applies to your own case, ask your own immigration attorney.
Sources
Official documents (.gov)
- U.S. Department of Labor Office of Inspector General news release: Inspector General Anthony P. D'Esposito: President Trump Takes Historic Action to Combat Foreign Labor Fraud (September 18, 2026)
- U.S. Department of Labor news release: US departments of Labor, Justice announce enforcement actions against Cloudera Inc. (May 12, 2026, 26-734-NAT)
- U.S. Department of Justice press release: Civil Rights Division Sues Cloudera (April 28, 2026, 26-409)
- Federal regulations: 20 CFR 656.31, 20 CFR 656.30, 8 CFR 204.5, 8 CFR 245.25, 8 CFR 214.2
- DOL news release page and OFLC announcements page (flag.dol.gov/announcements), checked the evening of October 8 (Eastern time); no notice about the October 8 suspension was found.
News coverage (October 8)
- CNN: Trump admin bars Microsoft and other tech companies from seeking permanent residency for foreign workers
- The Week: US suspends Cognizant from filing green cards (September 9, 2026); Outlook Business; YourStory
- VisaVerge: PERM Suspension: Eight Tech Firms Face Green Card Halt
- KOMO News: Microsoft responds to green card program suspension
- Law firm analyses (for reference only; these are the firms' own views): LHSC Immigration, Reddy Neumann Brown