1. Selected Employers and the Announced Restrictions
On October 8, 2026, administration officials announced a halt to new PERM submissions and processing of pending applications involving Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies, and Capgemini. The announcement concerned selected employers, rather than a nationwide PERM suspension.
Confirming the Sponsoring Entity
The employer listed on ETA-9089 may differ from a company’s public brand name. Employees should compare that legal entity with any government notice and the employer’s written explanation.
The announcement alone does not resolve coverage of subsidiaries or affiliates, treatment of previously certified cases, or a restart date. Employer-level allegations also do not establish misconduct by an individual employee.
A Pause Is Different from a Denial
A processing pause leaves a case awaiting further action. A denial rejects an application; revocation concerns an existing certification.
Individual notices still matter. An audit response or other deadline continues to require attention unless the agency changes it.
2. Application Stage Determines What to Check
PERM labor certification is the Department of Labor stage supporting many employer-sponsored immigrant petitions. USCIS separately handles I-140 petitions and I-485 adjustment applications.
| Case stage | Main point to verify |
|---|---|
| Before ETA-9089 filing | Whether filing is possible and preparation documents remain usable |
| PERM pending | Filing date, case status, and individual notices |
| PERM certified | Certification date and I-140 filing deadline |
| I-140 or I-485 stage | USCIS status and any separate action affecting the case |
Before ETA-9089 filing
- Main point to verifyWhether filing is possible and preparation documents remain usable
PERM pending
- Main point to verifyFiling date, case status, and individual notices
PERM certified
- Main point to verifyCertification date and I-140 filing deadline
I-140 or I-485 stage
- Main point to verifyUSCIS status and any separate action affecting the case
Recruitment completion does not prove that ETA-9089 was filed. Employees need filing confirmation rather than an estimated submission date.
An approved PERM generally expires unless the supporting I-140 is filed within 180 calendar days after certification. The announcement should not be treated as an extension of that period.
A PERM restriction does not by itself establish denial or revocation of an I-140, or suspension of an I-485. An approved I-140 also does not itself authorize continued stay or employment.
3. Records That Clarify Your Case Status
A useful update identifies the filing, its date, and the latest agency communication. “Your green card is in progress” leaves those questions unanswered.
Employees can request:
- The sponsoring employer’s legal name.
- ETA-9089 case number and filing confirmation.
- Current status and relevant government notices.
- Any PERM certification or I-140 receipt or approval.
- The next filing or response deadline.
PERM and USCIS records belong to different systems. A USCIS receipt number does not establish ETA-9089 status, and an unchanged online entry may not resolve a new restriction.
A dated written update should separate confirmed case activity from anticipated next steps.
4. Green Card Delays and H-1B Stay Limits
A PERM green card plan and current work authorization follow separate requirements. The announcement itself does not cancel an existing H-1B approval, but blocked filings may affect future extension planning.
Extensions Beyond Six Years
Certain H-1B extensions beyond six years depend on a qualifying PERM application or I-140 filed at least 365 days before the requested extension period begins. Another route may apply when an approved I-140 exists and an immigrant visa is unavailable. Additional conditions govern each route.
A processing pause does not automatically eliminate extension eligibility. An unfiled application, however, supplies no PERM filing date. The review should compare filing history, remaining H-1B time, and the proposed extension start date.
Changing Sponsors
An H-1B employer change does not ordinarily transfer a pending PERM case. A new sponsor generally must assess its own job opportunity and application requirements.
Employees should also distinguish H-1B portability from green card job portability. Eligibility to begin a new job does not necessarily preserve the existing immigrant case.
5. Frequently Asked Questions
These questions address additional concerns that an employer announcement may leave unresolved.
An employee cannot bypass an employer restriction by personally submitting the same employer’s PERM application. Ordinary PERM cases require employer sponsorship and attestations.
A lawsuit does not itself lift a restriction. An applicable court order or agency action must establish whether processing can resume and which employers or cases it covers.
6. Reviewing a Filing Block before a Status Deadline
A blocked filing or approaching stay limit calls for review of the actual immigration record.
An attorney reviewing employment-based immigration can compare the employer notice, filing history, petition records, I-94, and I-797 approvals. The review should identify continuing deadlines, possible extension eligibility, and requirements for a different sponsor.
The resulting plan should rest on documented dates and eligibility, rather than an assumed processing restart.
12 Oct, 2026
