1. Eight employers suspended. On October 8, the Department of Labor announced it will not accept new PERM applications, or process pending ones, involving Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL, and Capgemini. Officials cited active federal investigations and alleged misuse of the program. No end date has been announced.

DOL hasn't said which regulation it's relying on, but its PERM rules (20 CFR 656.31) allow it to suspend processing while an employer is under investigation in connection with the labor certification program. Using that authority against eight major employers at once is a significant step.

2. A PERM overhaul is coming. On October 23, the White House Office of Information and Regulatory Affairs finished its review of DOL's proposed rule, "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program." DOL's regulatory agenda points to changes in recruitment standards, layoff safeguards, fair hiring practices, and record retention. It would be the first comprehensive rewrite of PERM since 2005.

As of this writing, the text hasn't been published, and current PERM rules still apply. But publication could come any day.

What's still unclear:

– How the suspension affects certified PERM applications, approved I-140s, and pending I-485s

– What happens to H-1B workers at these employers who are nearing the six-year limit without a PERM on file, since extensions beyond six years generally depend on a timely PERM or I-140 filing

– How a final rule would treat recruitment already underway

The takeaway for researchers and specialists:

When the PERM pathway is uncertain, it's worth knowing which green card categories don't require labor certification at all. EB-1A (extraordinary ability) and EB-2 National Interest Waiver petitions can be self-filed. EB-1B (outstanding researchers and professors) requires an employer, but no PERM.

Those categories have high evidentiary bars, and they aren't right for everyone. But for people with a strong record of publications, citations, peer review, or recognized contributions, they can remove the employer's PERM status from the equation entirely.

If your green card plan depends on PERM, this is a good time to ask whether a backup route exists.

***Disclaimer: This post is for general informational purposes and does not constitute legal advice. Every case is fact specific. Please contact our office to discuss how this decision may affect your individual situation.***