1. What Happened to Green Card Filings in the U.S.?
The U.S. Department of Labor (DOL) stopped processing and accepting Permanent Labor Certification (PERM) applications. This is the key step in getting an employment-based Green Card. The freeze affects large tech companies and IT service providers. These include Microsoft, Cognizant, TCS, Wipro, Capgemini and Adobe.
- The DOL said the move was part of investigations. They are looking into misuse of foreign labor and compliance issues. As a result employees at these companies are now unable to move with their Green Card applications. This suspension blocks the path to residency for many workers who were expecting to qualify.
- The decision impacts thousands of employees. It also creates uncertainty, about immigration timelines. For now the process is paused. No new PERM applications are being accepted from these companies. The situation remains under review.
2. Can H-1B Visa Holders Still Work in the United States?
Yes. The PERM freeze does not automatically. Revoke valid H-1B non-immigrant visas. H-1B holders working at companies can continue living and working in the United States for the remaining duration specified on their Form I-797 approval notice provided their position remains active.
3. How Will the Suspension Affect IT Professionals?
- Indian professionals who work for the companies that are affected may face delays or confusion when it comes to their plans for permanent residency. This is very important for employees who are depending on their employer to help them start or move forward with their green card applications.
- Employees should reach out to the immigration teams at their companies to learn how the suspension is affecting their situations. The effect will vary depending on where the application's, in the process the employees current immigration status and if there are other options available.
4. What Happens to Employees Already Waiting for a Green Card?
- Employees who are already waiting for a card and have a PERM application that is still being processed may experience some delays while the suspension is in place. Employees who have already received approval for their PERM applications are in a situation because the new announcement does not automatically cancel those approvals.
- H-1B workers who are getting close to the six-year limit should be very careful about their immigration timelines. Whether they can get an extension depends on things, including where they are in the green card process and the current immigration rules. H-1B workers should not think that just having a green card application, in progress automatically extends their H-1B status.
5. What Should H-1B Visa Holders Do Next?
- Audit Immigration Timeline: Look at the date that's on Form I-94 and keep track of how many years of the 6-year H-1B time period have already been used.
- Consult Immigration Legal Counsel: Talk to the lawyers who work for the company or to an immigration lawyer to look at the personal risk that each person has.
- Explore Employer Portability: H-1B status can be moved to companies that are not affected. People who are getting close to year 5 or year 6 and do not have an approved I-140 form might want to switch companies to start a PERM process before their status ends.
- Evaluate Alternative Visa Categories: See if each person is eligible for types of visas that do not depend much on the usual PERM labor certification process (for example EB-1 for people with extraordinary ability or for managers of multinational companies or EB-2, for national interest waivers).
6. Future of H‑1B Visas and Employment‑Based Green Cards
The employment‑based immigration environment is facing increased scrutiny.
- Increased Vetting & Scrutiny: H‑1B employers will face compliance audits, higher scrutiny on labor condition applications (LCAs) and tighter enforcement around foreign worker ratios.
- Policy & Fee Restructuring: policy shifts—including proposed H‑1B fee structures, OPT program adjustments and wage level shifts—signal higher entry and retention costs for foreign labor.
- Transition to Merit/Skill‑Based System: Ongoing policy proposals favor moving from standard lottery or blanket corporate sponsorships, toward higher‑wage thresholds and specialized direct‑contribution roles.