On October 8, 2026, Vice President JD Vance said at a White House news conference that Microsoft will be suspended from the Permanent Labor Certification (PERM) program, the sponsorship program that allows employers to sponsor foreign workers for permanent residency.
Microsoft isn’t the only company affected. Labor Secretary Keith Sonderling named Adobe and several IT outsourcing firms, including Cognizant, Infosys, Tata, Wipro, HCL and Capgemini, citing active federal investigations. Vance’s alleged reasoning for these suspensions hinges on putting American workers first. Furthermore, no end date to these suspensions was announced at the conference. The move is part of a broader crackdown on employment-based immigration.
The October 8th suspensions follows a pattern of steadily increasing DOL enforcement against corproate PERM green card filers this year:
- Cloudera (May 2026): DOL suspended Cloudera’s PERM processing for 180 days after DOJ alleged the company used a recruitment process that kept qualified U.S. workers from applying. The suspension can be extended depending on the outcome of the DOJ case.
- Cognizant (September 2026): DOL’s inspector general suspended Cognizant’s PERM filings while officials investigate possible H-1B and green card fraud, with no end date announced.
- PERM rule overhaul (pending): A proposed rule to tighten PERM recruitment standards has been under White House review since Sept. 14 and hasn’t been made public yet. Current rules apply until it is finalized.
How can employers ensure they are in compliance with DOL regulations?
- Bring immigration counsel into layoff planning, since a reduction in force can affect PERM filings and H-1B displacement obligations.
- Make sure the PERM position’s minimum requirements are what the employer genuinely requires of any worker in the position, not tailored to the sponsored employee. Check that they match how the job was advertised and what the employee’s own resume shows.
- Have immigration counsel audit open PERM files and public access files before DOL does.
- Train hiring managers on how to review and document U.S. applicants for PERM green card purposes. This resume review process is like for regular applications.
- Compare the PERM against the H-1B petition, the I-140 and the LCA for job duties, wages, worksite and title. Inconsistencies are what investigators and adjudicators look for.
Our team at Murray Osorio PLLC will continue to monitor changes and suspensions to the PERM program. If you are an employer or employee who has questions regarding the PERM process, you can reach us at (800) 929-7142 to schedule a consultation with our Business Immigration attorneys.