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

For many Indians, securing a tech job in the United States can also mean years of visa renewals, employer sponsorship and uncertainty about when they might settle permanently in the country. The route to a US Green Card, or permanent residency, often depends on an employer completing several immigration formalities. A change at even one stage of this process can affect an employee’s long-term plans, particularly when their right to remain in the country is linked to their employment.

Also read: Trump administration’s PERM suspension: Can H-1B workers stay in the US if green card filings are blocked?

That uncertainty has intensified after the US government recently suspended eight major technology companies from a key employment-based Green Card programme. The move includes Microsoft, the country’s largest filer of applications under the Permanent Labour Certification programme, known as PERM. It also covers Indian IT services companies that employ large numbers of Indian professionals in the US.


US Vice President JD Vance and Labour Secretary Keith Sonderling announced the suspension of Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services (TCS), Wipro, HCL Technologies and Capgemini from the PERM programme. The administration cited allegations of immigration fraud, wage undercutting and the displacement of American workers. These are allegations underlying the government’s action, rather than established findings of wrongdoing against every affected company.

What is PERM and why does it matter?

PERM (Program Electronic Review Management) is the labour certification process administered by the US Department of Labor. It is a key step in the employer-sponsored Green Card route for many foreign professionals, particularly those applying under the EB-2 and EB-3 employment-based categories. Once the labour certification is approved, the employer can generally file an immigrant petition, Form I-140, with US Citizenship and Immigration Services (USCIS). Further steps depend on the worker’s circumstances and the availability of an immigrant visa.

Also read: US green-card freeze hits TCS, Infosys, Wipro; GTRI warns of wider IT curbs

The distinction matters because PERM is not the Green Card itself. It is an important stage in a longer process. A suspension at this point can prevent affected employers from initiating new cases and leave pending applications stalled.

What changes for Indian tech workers?

1. New and pending PERM applications face a freeze

Employees at the eight companies who were preparing to begin the employer-sponsored Green Card process may no longer be able to start a new PERM application through their affected employer while the suspension remains in force.

Those whose applications are already pending could also face delays, with no confirmed timeline for processing to resume. The practical consequences will depend on how far each employee has progressed through the immigration process.

2. H-1B visa holders are not automatically losing their jobs or status

The suspension targets the PERM route to permanent residency. It does not, by itself, cancel existing H-1B status or revoke an employee’s current work authorisation.

However, this does not mean every affected worker’s immigration position is secure indefinitely. H-1B status is temporary, and employees must continue to meet the requirements for maintaining or extending it

3. Employees approaching the six-year H-1B limit need to assess their position

H-1B status is generally limited to six years, although US law permits certain extensions beyond that period in employment-based Green Card cases. For example, eligible workers may qualify for one-year extensions if a qualifying labour certification or immigrant petition was filed at least 365 days before the relevant point in the process. Some workers with approved I-140 petitions may qualify for extensions of up to three years when an immigrant visa is unavailable.

The suspension could therefore create difficulties for employees who have not progressed far enough in the Green Card process to qualify for these provisions. However, it does not automatically mean that every employee approaching the six-year limit must leave the US. Eligibility depends on the worker’s existing filings, immigration history and circumstances.

What if an employee already has an approved I-140?

An approved I-140 is an important milestone, but it does not itself confer permanent residency or an unrestricted right to remain in the US.

Because the announced suspension concerns PERM applications, it should not be interpreted as automatically cancelling previously approved I-140 petitions or existing H-1B status. Workers who have already completed the PERM stage may be in a different position from those whose applications remain pending or have not yet been filed.

Their next steps will depend on their individual case, including whether they qualify for H-1B extensions and whether an immigrant visa is available under the applicable category.

Will workers look for other employers or Green Card routes?

The suspension could prompt some affected professionals to reassess their employment and immigration plans. Moving to an employer that is not subject to the suspension may be one option to explore, although changing jobs does not automatically transfer an existing PERM application or guarantee that a new employer can sponsor a Green Card.

For Indian workers, the immediate priority is to establish exactly where their application stands and whether their current immigration status depends on a future filing by their employer. The wider impact will depend on how long the suspension lasts, whether the affected companies can resume PERM filings and how the government’s enforcement action develops. For now, the key distinction remains: a freeze on one Green Card pathway is not the same as an immediate cancellation of every affected worker’s visa or employment.