DOL Suspends Microsoft, Adobe and Six IT Firms from PERM Labor Certification 

The U.S. Department of Labor (DOL) is suspending Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL and Capgemini from the Permanent Labor Certification Program (PERM), a major step in many employment-based green card cases. Labor Secretary Keith Sonderling announced the suspensions on October 8, 2026, at a White House press conference led by Vice President JD Vance. 

Sonderling said DOL will not accept new PERM applications involving the eight companies and will not process applications already filed and awaiting a decision. He said the Microsoft and Adobe suspensions are due to multiple active federal investigations. DOL has announced no end date or timeline for resuming processing. 

What PERM Is and Where It Fits in the Green Card Process 

PERM is the process in which an employer asks DOL to certify that it needs to hire a foreign worker for a permanent job. A green card, formally called permanent residence, lets an immigrant live and work in the United States permanently. In many employment-based green card cases, PERM comes before the employer’s petition to U.S. Citizenship and Immigration Services (USCIS) and generally requires the employer to recruit for the job, including advertising it in the United States, before filing with DOL. 

What the Announcement Covers and What the PERM Regulation Says 

Sonderling’s announcement concerned PERM applications, which is an important step for employer-sponsored EB-2 and EB-3 immigrant petitions. Foreign professionals with PERM applications filed by any of the eight companies named in the announcement are the most affected, as their applications will be on hold indefinitely until processing resumes. Officials did not announce that the suspension extends to other immigration categories, such as EB-2 National Interest Waiver (NIW), EB-1A, L-1, O-1, E-2 or EB-5 petitions. Vance also made separate statements about Microsoft’s use of the H-1B program and about nine universities’ use of the J-1 visa program, both described below. 

Affected	Not announced as affected (examples)
PERM labor certification applications for the eight named companies (new applications and those already filed)	EB-2 NIW, EB-1A, L-1, O-1, E-2, EB-5 petitions

DOL’s PERM regulation, 20 CFR 656.31(b), lets the Department suspend processing when another agency is investigating an employer for possible fraud or willful misrepresentation. Those agencies can include the Department of Justice or the Department of Homeland Security. Officials did not say which regulation the suspensions rely on. The regulation allows an initial suspension of up to 180 days. After that, DOL may resume processing some or all applications, or extend the suspension until any investigation or court proceedings are complete. 

Vance’s Statements on Microsoft  

Vance cited Microsoft’s use of the H-1B program, a temporary work visa for workers in specialized jobs. In the press conference, he said Microsoft laid off 6,000 American workers in 2025, obtained 6,300 H-1B visas and sponsored almost 3,000 workers for green cards.  

Nine Universities Named at the Same Press Conference 

Vance named nine universities, including Harvard, Yale, Stanford, and the Massachusetts Institute of Technology, and said the administration is investigating their use of the J-1 visa program. The J-1 is a temporary visa for work and study exchange programs. 

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