Does HCL America Sponsor H-1B After the PERM Suspension? H-1B, OPT and Green Card Reality

HCL America can still file H-1B petitions and extensions; only its PERM labor certifications are on hold. What that means for your PERM, your I-140 and your six-year clock.

Part of our guide to PERM labor certification.

Status as of 2026-11-01. In effect: DOL's PERM suspension of eight employers, HCL included (announced 2026-10-08; no written notice or end date). Not suspended: HCL's H-1B filings. Proposed only: ending the worker 60-day grace period (comments close 2026-11-10) and extension deference (comments close 2026-11-13).

Yes. As of November 1, 2026, HCL America can still sponsor H-1B visas. If you searched "does HCL sponsor H1B" after the October news, here is what happened: the Department of Labor suspended PERM labor certification, the first step of most employer green cards, for HCL and seven other employers. New H-1B petitions, extensions and transfers still go to USCIS. The open question is whether a pending PERM can still carry you past six years.

F1Jobs sells a job-search service to international candidates, so we have a stake in how you read employer news; the analysis stands either way.

Does HCL sponsor H-1B after the PERM suspension?

HCL America can still file H-1B petitions, extensions and transfers as of November 1, 2026. The Department of Labor's October 8 action suspended PERM labor certification for eight employers, including HCL, and according to Mayer Brown's analysis it "does not suspend any employer from the H-1B program." Only PERM, the labor certification behind most employer green cards, is on hold.

The eight are Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini. Mayer Brown says it reaches old and new cases: DOL "will not accept any new or process any pending permanent labor certification applications." On approved certifications, "Nothing announced so far revokes them automatically." As of 2026-11-01 there is no OFLC, FLAG or Federal Register notice, no stated basis, no end date and no lawsuit. 20 CFR 656.31 permits up to 180 days during a fraud probe, but DOL has not publicly invoked it, and no public document says which HCL legal entities the suspension reaches. HCL is not on DOL's H-1B debarment list ("effective as of October 1, 2026"). Our explainer on what DOL's PERM suspension does across all eight employers compares the firms.

HCL America H-1B data: what the numbers show

USCIS counts decisions by the legal name on Form I-129, not by brand. The largest HCL-named petitioner is HCL America Inc, listed in Santa Clara, California. A much smaller HCL Global Systems Inc, listed in Farmington Hills, Michigan, appears separately; the public data we reviewed do not show whether it belongs to the HCLTech group. Your own I-797 names the petitioner that filed for you.

FY2024 first decisions, USCIS H-1B Employer Data Hub (as of 2026-11)

HCL America's 2,953 approvals were 98.6% of its 2,994 FY2024 decisions (approvals divided by approvals plus denials). FY2024 is the latest full year in the Employer Data Hub extract our company pages use, and the Hub counts only "the first decisions USCIS makes" on each petition.

• Initial approvals are petitions for new employment; at a for-profit employer like HCL these are generally cap-subject hires, such as F-1 OPT graduates changing status or workers abroad.
• Continuing approvals, as our company pages group them, are extensions, changes of employer, amendments and concurrent jobs. Neither column shows how many were former F-1 students or anything filed after the suspension.

Common misconception, then correction

"Indian IT firms stopped registering for the H-1B lottery, so HCL did too." CRS Insight IN12747 (2026-10-14) reported that Cognizant, Infosys and Tata "submitted 100%, 91%, and 95% fewer registrations in FY2027, respectively." It does not mention HCL, and we found no public figure for HCL's FY2027 registrations. Our TCS, Infosys and Cognizant sponsorship reality check covers those firms.

Can I extend my H-1B at HCL? The AC21 decision tree

Inside your first six years, an ordinary HCLTech H-1B extension is unaffected by the PERM suspension. Past six years, you need an approved I-140 (AC21 section 104(c)) or a PERM or I-140 filed at least 365 days earlier that is still alive (section 106(a)). The rule is 8 CFR 214.2(h)(13)(iii)(D)-(E), in effect since 2017-01-17 (Cornell LII text):

• 106(a) one-year extensions apply "if at least 365 days have elapsed since" the PERM or I-140 filing, and end on a final denial, revocation, or a decision to "Administratively or otherwise close" the case. A suspension is none of those, so practitioners read a suspended PERM as still counting. That is practitioner analysis, not agency guidance.
• 104(c) extensions cover the beneficiary of an approved EB-1, EB-2 or EB-3 petition held back by per-country limits, "in increments of up to 3 years."
• Timing: under (D)(5), the PERM or I-140 "must have been filed at least 365 days prior to the date the period of admission authorized under this exemption will take effect," though the H-1B petition can go in up to six months early. Under (D)(8), days from two filings cannot be added together.
• Portability: under (D)(6) and (E)(4), the new H-1B employer "need not be the employer" that filed the PERM or I-140.

HCL H-1B extension decision tree (as of 2026-11)

Our guide to the H-1B extension after six years with an approved I-140 has the full mechanics, and our AC21 strategy for a layoff with a pending I-140 covers job loss.

A worked timeline with real dates

Priya (hypothetical) is an Indian national at HCL America whose six years of H-1B time end 2027-04-30. HCL filed her PERM on 2026-01-20.

1. 2026-10-08: DOL announces the suspension. Her PERM is pending, not denied.
2. 2026-10-21: DOL's FLAG processing times show analyst review at January 2026 priority dates (average 303 days). At most employers a January 2026 case would now be in review; hers is frozen.
3. 2026-11-01: six months before a 2027-05-01 start, roughly the earliest date (D)(5) lets HCL file a 106(a) extension, even before day 365.
4. 2027-01-20: 365 days have elapsed, well before the 2027-05-01 start.
5. By 2027-04-30: on the practitioner reading, the suspended PERM can support a one-year extension if it has not been denied, revoked or administratively closed. Whether HCL files is HCL's decision.

Had HCL filed on 2026-06-01, day 365 would be 2027-06-01, a month after her six years end. Recaptured days spent outside the US can move that end date; the gap is a question for an attorney.

Arjun (hypothetical) has an approved EB-2 I-140 with a 2019 priority date. The November 2026 Visa Bulletin's Final Action Date for EB-2 India is 2013-11-01 (EB-3 India 2014-01-22), so his date is not current and 104(c) extensions remain available. The suspension did not revoke his I-140; according to Mayer Brown, revoking an approved certification would take a separate process.

Other things that touch an HCL extension

• Deference (proposed). The deference NPRM would delete 8 CFR 214.1(c)(5) for I-129 extensions; DHS estimates about 6,044 extra RFEs a year. Comments close 2026-11-13; current deference still applies.
• 9-11 fee (in effect). Since 2026-09-09 the $4,000 Public Law 114-113 fee also covers H-1B extensions filed by covered employers (50+ US employees, more than 50% on H-1B or L-1) through 2027-09-30 (PA-2026-16). The employer pays; public data do not show whether HCL America is covered.
• EO 14431 (in effect as a directive) makes layoffs an H-1B factor, with no implementing guidance and no automatic denial.
• Grace period (proposal only). The current discretionary grace period of up to 60 days after H-1B employment ends still applies; comments on the proposal to end it close 2026-11-10 at 11:59 p.m. ET.

Does HCL still file green cards?

Not through PERM while the suspension lasts, and with no end date, nobody outside DOL can say when HCL's cases move again. EB-1C for multinational managers and a self-filed National Interest Waiver do not use PERM. USCIS's FY2026 Q3 I-140 data (April-June 2026, before PA-2026-05) show all-employer approval rates of 97.4% for EB-1C and 55.3% for NIW; whether HCL files EB-1C for you is its call.

A PERM certified before the suspension still needs its I-140, and the certification "expires if not filed in support of a Form I-140 petition" within 180 calendar days of DOL granting it (20 CFR 656.30). The I-140 goes to USCIS, not DOL, and nothing published says whether HCL is still filing them.

For contrast, Cloudera, a different employer, settled on 2026-10-16 with a two-year PERM debarment (DOJ announcement); that says nothing about how HCL's case will end.

Ask HCL's immigration team in writing: When was my PERM (Form ETA-9089) filed? Has the company received anything in writing from DOL? If my PERM was certified before 2026-10-08, when will the I-140 be filed?

Does HCL hire US graduates on OPT?

It can, and the PERM action does not change that. HCL America's 1,244 FY2024 initial approvals show it hires new H-1B workers at scale, though USCIS data cannot say how many were F-1 graduates. For a new graduate, the suspension matters later, when a green card would normally start with PERM.

• OPT unemployment is 90 days on post-completion OPT and 150 in aggregate on STEM OPT (SEVP unemployment counter).
• STEM OPT needs an E-Verify employer and a Form I-983 training plan (USCIS STEM OPT page). At a client site, ask who supervises you and signs the I-983, and confirm reporting with your DSO.
• The lottery. A for-profit IT services employer normally needs a cap registration for an OPT hire. FY2028 registration is not announced as of 2026-11-01 (USCIS registration page). USCIS must announce it "at least 30 calendar days in advance" (8 CFR 214.2(h)(8)(iii)(A)(3)); March 2027 is only an expectation. Wage-weighted selection, in effect since 2026-02-27, gives Level IV four entries and Level I one, so ask which wage level HCL's registration will reflect.
• Cap-gap extends F-1 status and OPT work to April 1 of the fiscal year requested (or the petition start date, if earlier) for a timely cap-subject change-of-status petition (USCIS cap-gap page).
• The $100,000 fee is blocked and not collected, though Proclamation 11069 stands on paper and USCIS's I-129 page says DHS "still plans to collect the payment" if the court order is lifted. A change of status USCIS grants inside the US was never covered; a denied one, or a consular-notification petition, would be.

Comparing offers? Use our decision table for an offer from a PERM-suspended employer.

What is an HCL LCA posting?

It is the notice every H-1B employer must give before filing a Labor Condition Application (Form ETA-9035) with DOL. It is not unique to HCL and not a job offer; it means an LCA is being, or will be, filed for that job and worksite.

Under 20 CFR 655.734, a paper notice goes up in "at least two conspicuous locations at each place of employment" on or within 30 days before filing and stays up for 10 days. The alternative is 10 days of electronic notice to employees in the job classification, so it may reach you by email, on an intranet "home page" or on a client's intranet. It must say "that H-1B nonimmigrants are sought" and give the number of workers, the classification, "the wages offered; the period of employment; the location(s)," that the LCA is open to public inspection, and how to complain to DOL's Wage and Hour Division.

• Client sites count: notice is required "whether such place of employment is owned or operated by the employer or by some other person or entity."
• H-1B-dependent employers and willful violators must also list their non-displacement and recruitment attestations, unless the LCA covers only exempt workers.
• You are owed a copy of the certified LCA "no later than the date the H-1B nonimmigrant reports to work."

DOL's disclosure files on the OFLC performance page run through FY2026 Q3 (to 2026-06-30); our guide to the H-1B LCA public access file shows how to request the employer's file.

How to check where you stand at HCL

1. Read your latest I-797 approval notice and note the exact petitioner name.
2. List your H-1B entries and exits from your CBP I-94 history, and ask HCL's immigration team for the six-year end date on file.
3. Request your PERM (Form ETA-9089) filing date and status in writing.
4. Compare that date with DOL's FLAG processing-times page.
5. Check any I-140 priority date against the Final Action Dates in the Visa Bulletin.
6. Calculate your PERM filing date plus 365 days and confirm it lands before your extension would start.
7. Ask HR for your certified LCA (Form ETA-9035) if you never received it.
8. Consult a licensed immigration attorney who represents you before resigning or accepting another offer; on OPT or STEM OPT, ask your DSO about SEVIS reporting.

Common mistakes

• Reading "PERM suspension" as "HCL can't sponsor H-1B." Only green card labor certification is suspended.
• Treating a pending PERM as dead, or as permanently safe. It still counts on the practitioner reading, but an administrative closure would end 106(a) eligibility.
• Mixing up entities. Answers about HCL America may not fit another petitioner whose name includes HCL.
• Adding filings together. The 365 days keep running during the suspension, but under (D)(8) a new employer's fresh PERM starts its own count.
• Trusting forum consensus. On Blind, the question "Will it impact extensions as well ? With approved i140." drew both "Yes" and "No" answers after the suspension. The regulation answers it.

Frequently asked questions

Is HCL suspended from the H-1B program?

No. The action DOL announced on October 8, 2026 suspends PERM labor certification for HCL and seven other employers, and Mayer Brown notes it does not suspend any employer from the H-1B program. As of November 1, 2026, HCL America can still file H-1B petitions, extensions and transfers.

Does HCL still file green cards?

Not through PERM while the suspension lasts. According to Mayer Brown, DOL will not accept new or process pending PERM applications for the eight named employers, and as of November 1, 2026 DOL has published no written notice, basis or end date. Routes that do not use PERM, such as EB-1C or a self-filed National Interest Waiver, sit outside it, but whether HCL files EB-1C for you is its decision.

Can I extend my H-1B at HCL with an approved I-140?

Generally yes. Under 8 CFR 214.2(h)(13)(iii)(E), an approved I-140 supports extensions past six years in increments of up to three years when per-country limits hold back your priority date. The October 2026 suspension does not by itself revoke an approved I-140, though a later revocation would end this route. Have an immigration attorney confirm your case.

Does HCL hire US graduates on OPT?

It can, and the October 2026 PERM action does not limit OPT hiring or cap-subject H-1B petitions. HCL America had 1,244 initial-employment H-1B approvals in FY2024, but USCIS data does not show how many went to former F-1 students. Ask which HCL entity will employ you and whether it will register you for the FY2028 lottery, which is not yet announced as of November 1, 2026.

What is an HCL LCA posting?

It is the notice every H-1B employer must give before filing a Labor Condition Application with DOL, posted for 10 days in at least two conspicuous spots at each worksite or sent electronically, under 20 CFR 655.734. It says H-1B workers are sought and lists the job, wage, period and locations. It is not a job offer or proof of a filed petition.

Sources

• Mayer Brown, DOL enforcement actions in H-1B and PERM fraud probe (2026-10-15)
• 8 CFR 214.2(h)(13)(iii)(D)-(E), 20 CFR 655.734 and 20 CFR 656.30 (Cornell LII)
• USCIS H-1B Employer Data Hub
• DOL H-1B debarment list, OFLC performance data and FLAG processing times
• CRS Insight IN12747 (2026-10-14)
• Federal Register: worker grace-period NPRM and deference NPRM
• USCIS: Form I-129, STEM OPT, H-1B registration, cap-gap and PA-2026-16
• State Department Visa Bulletin
• DOJ, Cloudera settlement (2026-10-16)

How we checked this: on 2026-11-01 we read 8 CFR 214.2(h)(13)(iii), 20 CFR 655.734 and 656.30, the USCIS Employer Data Hub extract for both HCL-named petitioners, DOL's debarment, FLAG and OFLC pages, Mayer Brown's analysis of the suspension, USCIS's I-129 page and PA-2026-16, and the CRS Insight. No DOL document on the suspension existed to read.

This is general information, not legal or tax advice. Your own I-797, I-94 and notices govern; confirm F-1, OPT and SEVIS questions with your DSO, and petitions and status strategy with a licensed immigration attorney.

Weighing an HCL offer, or planning a move before your six-year clock runs short? F1Jobs can help you focus on employers that fit your status and timeline.