US green card delays: What options do Indian tech workers have if PERM is suspended

The suspension of the US labour certification process for certain technology employers has created uncertainty for Indian professionals pursuing employment-based green cards. For workers whose permanent residence applications depend on PERM, the disruption can affect a critical step in their immigration journey, leaving them to reconsider their employment and long-term plans in the country. PERM is the US Department of Labour's process for certifying that hiring a foreign worker for a permanent position meets applicable labour market requirements. When an employer cannot proceed with this process, the worker's green card application may stall. However, a PERM suspension does not automatically cancel an employee's existing visa or eliminate every route to permanent residence.

Also read: US targets biggest PERM filer: What changes for Indian tech workers

Affected professionals may consider moving to another sponsoring employer, exploring green card categories that do not require PERM or transferring to an international office within their company. The appropriate route depends on their qualifications, immigration status and the stage their application has reached.


The right option depends on their immigration status, employment history, qualifications and the stage their green card application has reached.

1. Switching to another employer

One option is to move to an employer that can support a fresh green card application. Eligible H-1B workers can generally change employers through the applicable portability provisions, provided the new employer files the required petition and other conditions are met.

However, the existing PERM application does not automatically move with the employee. If labour certification has not been completed, the new employer will generally need to begin its own PERM process. An employee's previous immigration history can still be valuable. If the earlier employer secured approval of Form I-140, the worker can generally retain the original priority date for a subsequent employment-based petition, subject to applicable exceptions. This date determines their place in the green card queue.

Before switching jobs, workers should confirm that the prospective employer is willing to sponsor permanent residence and can support the process. A new job may resolve an immediate employment concern without necessarily speeding up the green card timeline.

2. Exploring green card categories without PERM

Some professionals may qualify for employment-based immigration categories that do not require PERM labour certification.

The EB-1A extraordinary ability category allows individuals to petition independently, without employer sponsorship or a job offer. Applicants must demonstrate sustained national or international acclaim and satisfy the applicable evidentiary requirements. Strong technical skills alone are insufficient; evidence of recognised achievements and significant contributions can be important.

Also read: PERM ban is not just an H-1B problem: Who else could lose their green card path?

The EB-2 National Interest Waiver (NIW) is another option. It allows eligible applicants to seek a waiver of the job-offer and labour certification requirements if their proposed work has substantial merit and national importance, they are well positioned to advance it, and waiving those requirements would benefit the US.

Technology professionals working in artificial intelligence, cybersecurity or advanced computing may explore this route, depending on their individual work and evidence. Employment in a high-demand sector does not automatically establish eligibility. The EB-1B outstanding professor or researcher category also bypasses PERM but requires employer sponsorship and evidence of international recognition in an academic or research field. It is more relevant to qualifying research professionals than to technology workers generally.

3. Considering an overseas transfer

Employees of multinational technology companies may consider relocating to an international office, including in India or Canada, while continuing to work for the same corporate group.

After at least one continuous year of qualifying employment abroad within the relevant three-year period, a worker may become eligible for an L-1 intra-company transfer visa, subject to other requirements. L-1A covers qualifying managers and executives, while L-1B applies to employees with specialised knowledge. An overseas assignment does not automatically guarantee a return to the US. The employee's overseas role, employment history and proposed US position must satisfy the relevant immigration rules.

The L-1A route may also provide a potential pathway to an EB-1C green card for qualifying multinational managers and executives. This category does not require PERM labour certification, but eligibility depends on the employee's managerial or executive responsibilities, qualifying overseas employment and the relationship between the companies.

What should workers consider?

The appropriate route depends on how far the existing green card application has progressed. Workers should establish whether PERM has been filed or approved, whether Form I-140 has been approved, how much time remains on their current visa status and whether they qualify for an alternative category.

Each option carries different eligibility requirements, costs and timelines. A PERM suspension does not necessarily close every route to permanent residence, but neither does changing employers, relocating abroad or filing under another category guarantee approval. Indian technology workers are advised to assess their immigration status and long-term employment plans separately before deciding their next move. An individual review with a qualified US immigration attorney can help identify the legally viable options.