Understanding the Department of Labor’s PERM Freeze: What It Means for Major Tech Companies and Foreign Workers

The U.S. Department of Labor (DOL) has put an immediate halt on accepting new Permanent Labor Certification (PERM) applications and has frozen all pending applications for eight major corporations: Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services (TCS), Wipro, HCL Technologies, and Capgemini.

This action targets companies that have recently laid off domestic workers while simultaneously sponsoring foreign workers for green cards through the PERM process in the same or overlapping roles. This is one of the largest regulatory freezes in the history of the PERM program, affecting groups that collectively hold over 230,000 approved H-1B petitions and 100,000 PERM certifications since 2009.

What Does This Mean for Affected Employees?

If you are an employee at one of these companies, a frozen PERM application means your path to a traditional green card has hit a temporary roadblock. Because an approved PERM is usually required to extend an H-1B visa past the standard six-year limit, workers nearing their sixth year face potential visa expiration issues.

Fortunately, existing H-1B visas, extensions, amendments, and transfers handled through the U.S. Citizenship and Immigration Services (USCIS) remain fully operational and are unaffected by this DOL freeze. Furthermore, PERM applications that were already certified and approved by the DOL remain valid for the next step of the green card process unless specifically revoked.

Alternative Solutions and Workarounds

Because the DOL has frozen the standard labor certification route, immigration attorneys and corporate teams are shifting toward alternative green card options that completely bypass the Department of Labor. These pathways go directly through USCIS.

• EB-2 National Interest Waiver (NIW): This option allows individuals with advanced degrees or exceptional ability to self-petition for a green card without needing a PERM labor certification or an employer-sponsored job offer, provided their work benefits the U.S. national interest.
• EB-1A (Extraordinary Ability): Designed for top-tier technical leads and researchers who can prove sustained national or international acclaim, this pathway requires no employer sponsorship and bypasses the DOL entirely.
• EB-1B (Outstanding Researchers and Professors): For established researchers with international recognition, this employer-sponsored pathway also skips the DOL process.
• EB-1C (Multinational Managers and Executives): If you worked in a managerial or executive role for an affiliate company abroad for at least one year within the past three years, your company can sponsor you directly through USCIS without a PERM.

Managing H-1B Timelines and Visa Expiration

If you are nearing the end of your six-year H-1B limit and your PERM is frozen, several bridge strategies can help protect your legal status:

• Fast-Tracking an I-140 Petition: By filing an EB-2 NIW or EB-1 petition with USCIS using Premium Processing, an approved petition allows you to secure three-year H-1B extensions beyond the usual six-year cap.
• Recapturing Lost Time: A detailed audit of your travel history can help you “regain” days you spent outside the United States, adding extra time back onto your six-year H-1B clock.
• Temporary Overseas Assignment: Moving temporarily to an international affiliate office (such as in Canada, the U.K., or Europe) pauses your H-1B clock and keeps you on track for future immigration options like the EB-1C path.

Next Steps for Employers and Workers

Companies and affected employees are moving quickly to audit their rosters, evaluate workers for alternative green card options like the NIW or EB-1 paths, and use premium processing to secure status extensions before standard timelines run out.

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Amy Ghosh is a Los Angeles-based Attorney at Law, specializing in Immigration Law, Family Law, and Employment Law, among others. She can be reached at: amygesq@gmail.com.