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PERM Freeze 2026: Microsoft, Infosys, TCS and 5 More

Updated 2026-10-214 min readNot legal advice inWX
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On October 8, 2026, the Labor Department froze PERM green card filings for eight employers. They are Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini. PERM is the labor certification step that starts most employer-sponsored green cards.

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What was announced

Vice President JD Vance and Labor Secretary Keith Sonderling announced the action at a White House press event on October 8, 2026.

Reuters quoted Sonderling: "We will not accept any new or process any pending permanent labor certification applications involving these companies."

So the freeze covers both new PERM filings and PERM cases already waiting at the Labor Department.

  • Technology companies: Microsoft and Adobe
  • IT services firms: Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies and Capgemini

Why officials say they did it

Officials described the move as part of a crackdown on fraud and as protection for American jobs. These are allegations. As of mid-October, reports said no named company had been charged or debarred.

For Microsoft and Adobe, Sonderling cited multiple active federal investigations. For the six IT firms, officials pointed to filing volume. Sonderling said the eight employers obtained more than 100,000 permanent labor certifications since 2009.

Vance said Microsoft laid off 6,000 US workers last year while getting 6,300 H-1B visas and nearly 3,000 green cards. Microsoft said about 80% of its H-1B filings last fiscal year were for existing employees.

This was not the first PERM pause this year. Reports say Cognizant's new PERM filings were already paused in September 2026. In May, the department paused PERM filings from Cloudera for 180 days.

Top H-1B sponsors, 2025US Department of Labor data
EmployerH-1B filingsTransfersMedian pay
Amazon.Com Services LLC14,0472,382$155k
Cognizant Technology Solutions US CorpGC frozen10,209872$110k
Ernst & Young U.S. LLP9,808269$143k
Google LLC7,899844$186k
Microsoft CorporationGC frozen7,840879$173k
Tata Consultancy Services LimitedGC frozen7,287353$86k
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What is still unknown

No end date has been announced. Vance said the suspension would last "as long as it needs to."

As of October 21, 2026, we could not find a published written notice from the Labor Department. It also had not named the rule it relies on.

Law firms point to 20 CFR 656.31, which lets the department pause PERM cases during a fraud investigation. Morgan Lewis notes it is unclear whether each suspension fits that rule.

Reports also do not say how the freeze treats PERM cases that were certified before October 8 but not yet used for an I-140.

Suspension, not debarment

Reports describe a suspension, not a debarment. They are different steps under 20 CFR 656.31.

A suspension pauses PERM cases while possible fraud is investigated. The first period can last up to 180 days. DOL can extend it until the investigation or court case ends.

Debarment is a penalty after a finding, such as fraud or willful misrepresentation. It bars an employer from PERM for up to three years.

As of October 21, 2026, we found no report that any of the eight had been debarred.

Is PERM suspended for everyone?

No. PERM is open to all other employers, and DOL is still deciding cases. On October 5, 2026, it was reviewing standard cases filed in December 2025.

One other employer was paused earlier in 2026. Cloudera's PERM filings were paused in May for 180 days.

If you are job hunting, you can match sponsor jobs to your resume and check each employer's green card record before you apply.

What it means if you work at one of these companies

Your H-1B status was not part of the announcement. Law firm summaries say you can keep working on your current H-1B.

Your exposure depends on where your green card case stands. Here is how the stages line up with what has been reported.

  • No PERM filed yet: your employer cannot start one while the freeze lasts.
  • PERM pending at the Labor Department: the case is frozen for now.
  • I-140 approved: Morgan Lewis says the suspension does not automatically revoke approved PERM or I-140 approvals.
  • I-140 approved for 180 days or more: under 8 CFR 205.1, a later employer withdrawal does not automatically revoke it.
  • I-485 pending 180 days or more: USCIS job portability rules may let you move to a same or similar job.

If you are near the six-year H-1B limit

H-1B time is generally capped at six years. Two rules allow extensions past that point for green card applicants.

One needs a PERM or I-140 filed at least 365 days earlier. It allows extensions in up to one-year steps.

The other needs an approved I-140 when your country's visa line is backed up. It allows extensions in up to three-year steps.

Under 8 CFR 214.2, the employer filing the extension does not have to be the one that filed your PERM or I-140. Workers with no PERM on file face the hardest choices.

Practical next steps

Ask your employer's immigration counsel which stage your case is in. Keep copies of every receipt and approval notice.

If you are thinking about a new employer, check whether it can still sponsor green cards. Our /h1b-sponsors page flags employers whose green card filings are frozen.

You can browse openings at other 2025 H-1B filers on /h1b-jobs. Our guide at /h1b/h1b-transfer explains how a move to a new H-1B employer works.

Some workers may also qualify for paths that skip PERM, like EB-2 NIW or EB-1A. Ellis notes these need strong evidence.

This article is general information, not legal advice. Confirm your situation with an immigration attorney before you act.

Questions

Is my H-1B cancelled if I work at Microsoft or Infosys?

No. As of October 2026, reports say the action covers PERM only. H-1B status was not suspended.

Does the freeze cancel my approved I-140?

Morgan Lewis says the suspension does not automatically revoke approved PERM or I-140 approvals. Officials have not said more.

How long will the PERM freeze last?

No end date was announced. Vance said it would last as long as it needs to.

Are other employers affected?

Only these eight were named as of October 2026. Vance said it could apply to other tech companies too.

Which companies are barred from PERM in 2026?

As of October 21, 2026, DOL had suspended PERM for eight employers: Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini. It is a suspension during investigations, not a formal debarment.

Is PERM suspended for all employers?

No. Only the named employers are suspended. All other employers can still file PERM, and DOL is still deciding cases.

What is the difference between a PERM suspension and debarment?

A suspension pauses cases during a fraud investigation, for up to 180 days at first, with possible extensions. Debarment is a penalty that bars an employer from PERM for up to three years.

Sources

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