Employment-Based Green Card News, November 2026: The Bulletin, a PERM Rule at OIRA and Two Lawsuits
EB-3 India passed EB-2 India, a PERM recruitment proposal cleared White House review without being published, and two employers settled PERM recruitment cases. Here is what each change means for your green card.
Part of our guide to PERM labor certification.
Status as of 2026-11-01. Here is the employment-based green card news that matters for November 2026. The November 2026 Visa Bulletin is published (2026-10-22): EB-2 India stayed at 2013-11-01, EB-3 India moved to 2014-01-22, EB-2 Rest of World jumped to 2025-04-01, and USCIS requires the Dates for Filing chart for November I-485s. DOL's PERM recruitment proposal (RIN 1205-AC29) cleared White House review on 2026-10-23 but is not published, so today's PERM rules still apply. Cloudera and Instacart settled PERM recruitment cases. Two lawsuits, AAUP v. Mullin and the public charge case, are pending with no ruling.
This edition covers mid-October to 2026-11-01. For changes that took effect earlier this fall (the public charge rule, the 09/18/26 I-485 edition, the new filing location), see our October 2026 roundup of new green card rules.
Green card news, November 2026: what changed since mid-October
As of 2026-11-01, employment-based green card news since mid-October comes down to five items: the November Visa Bulletin advanced EB-3 India and EB-2 Rest of World but not EB-2 India; a DOL PERM proposal cleared White House review but is unpublished; Cloudera and Instacart settled PERM recruitment cases; USCIS posted a new I-485 inventory; and DOL's FLAG data showed shorter PERM waits.
Every item at a glance (as of 2026-11)
| Item | Status (2026-11-01) | Key date | What it means for you |
|---|---|---|---|
| November 2026 Visa Bulletin | Published | 2026-10-22 | EB-3 India now later than EB-2 India; I-485s use Dates for Filing |
| December 2026 Visa Bulletin | Not published | Expected mid-November | Every December cutoff online is a forecast |
| PERM labor-market-test NPRM (RIN 1205-AC29) | Cleared OIRA, not published | Review concluded 2026-10-23 | No text, no comment period; 20 CFR 656.17 still governs |
| PERM suspension of 8 employers | In effect (announced) | 2026-10-08, no end date | PERM only; not an H-1B suspension |
| Cloudera | In effect (settlement) | 2026-10-16 | Two-year PERM debarment |
| Instacart (Maplebear) | Settled | 2026-10-20 | $5M settlement; not a suspension |
| FLAG PERM processing | Updated | 2026-10-21; next about 11-06 | Analyst review at January 2026 priority dates |
| USCIS EB I-485 inventory | Published | Data 2026-10-05, posted 10-26 | 225,196 pending (a floor); India 71,417 |
| AAUP v. Mullin | Challenged | Filed 2026-10-05 | PM-602-0199 and PA-2026-05 still apply |
| Public charge (State of New York v. DHS) | In effect, challenged | States' motion due 2026-12-11 | No preliminary injunction |
| "Mandatory EB interviews are back" | No USCIS source | n/a | A rumor, not a policy |
The November 2026 Visa Bulletin: EB-3 India passes EB-2 India
In the bulletin published 2026-10-22, EB-2 India did not move, EB-3 India advanced three weeks, and EB-2 Rest of World advanced three months. On its adjustment of status filing charts page, USCIS says: "For all employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for November 2026." Consular cases always use Final Action Dates.
November 2026 employment-based cutoffs, Final Action / Dates for Filing (as of 2026-11)
| Category | India | China | Rest of World and Mexico | Philippines |
|---|---|---|---|---|
| EB-1 | 2023-02-01 / 2024-07-01 | 2023-08-01 / 2024-07-01 | Current / Current | Current / Current |
| EB-2 | 2013-11-01 / 2015-01-15 | 2021-10-01 / 2023-01-01 | 2025-04-01 / 2026-03-15 | 2025-04-01 / 2026-03-15 |
| EB-3 | 2014-01-22 / 2015-01-15 | 2022-01-22 / 2024-04-01 | 2024-06-15 / 2024-08-01 | 2023-08-15 / 2024-01-01 |
| EB-3 Other Workers | 2014-01-22 / 2015-01-15 | 2019-10-01 / 2020-10-01 | 2022-06-01 / 2022-07-01 | 2022-01-01 / 2022-06-01 |
The State Department's site blocks automated reading, so these values come from law-firm summaries that agree with each other, including Fragomen's analysis and Ogletree's summary. Confirm your row on the State Department's Visa Bulletin page.
What moved since the October edition: old value, new value, what changes for you (as of 2026-11-01)
| Item | October | November 2026 | What to do differently |
|---|---|---|---|
| EB-3 India Final Action | 2014-01-01 | 2014-01-22 | Priority dates 2014-01-01 to 2014-01-21 are newly current in EB-3 |
| EB-2 Rest of World Final Action | 2025-01-01 | 2025-04-01 | Priority dates from January through March 2025 are newly current |
| EB-3 Rest of World Final Action | 2024-05-15 | 2024-06-15 | Priority dates before 2024-06-15 are current |
| EB-3 Other Workers, Rest of World, Dates for Filing | 2022-06-01 | 2022-07-01 | The only Dates for Filing change this month |
| FLAG PERM analyst review | December 2025 priority dates, 336 days | January 2026, 303 days | Compare your PERM filing month again |
| Cloudera | 180-day PERM suspension | Two-year PERM debarment (settled 2026-10-16) | Its employees should ask the company's immigration attorney about their cases |
EB-2 India fell short of the State Department's non-binding July projection of "at least July 15, 2014." Our guide to how the Visa Bulletin and priority dates work walks through them, and the full November bulletin breakdown covers every category.
Worked example: four H-1B workers, one bulletin
| Your position | Dates for Filing: does the chart allow an I-485 in November? | Final Action: is the date current for approval? |
|---|---|---|
| EB-2 India, priority date 2013-12-10, I-485 already pending | Already filed (date is earlier than 2015-01-15) | Not in EB-2 (cutoff 2013-11-01); the same date would be current in EB-3 India (2014-01-22) |
| EB-2 India, priority date 2014-09-01, no I-485 yet | The chart allows it (every other I-485 requirement still applies) | No |
| EB-2 Rest of World, priority date 2025-02-15 | Yes | Current (earlier than 2025-04-01) |
| EB-3 Rest of World, priority date 2024-07-10 | Yes (earlier than 2024-08-01) | No (cutoff 2024-06-15) |
The first row is the November story for India: priority dates from 2013-11-01 through 2014-01-21 are current in EB-3 India but not EB-2 India. USCIS's inventory (below) lists 2,329 pending EB-2 India I-485s with November-December 2013 priority dates, and every one of them falls inside that gap (our arithmetic). To use the gap, the employer generally files a new EB-3 I-140 and the priority date carries over (general practice; every case needs its own check). Whether a downgrade fits you is a question for your employer's immigration attorney.
The December bulletin was not published as of 2026-11-01; trackers expect it around mid-November. Every December number is a forecast until then; see our December 2026 Visa Bulletin predictions and release date for what to watch.
Is there a new PERM rule?
Not yet. DOL's PERM labor-market-test proposal (RIN 1205-AC29) finished White House review on 2026-10-23, but it has not been published, so there is no text to read and no comment period. Current PERM recruitment rules at 20 CFR 656.17 still apply.
Its title is "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program (NPRM)." OIRA received the draft on 2026-09-14 and concluded review on 2026-10-23 "Consistent with Change," marking it Major, per OIRA's list of completed reviews. DOL's agenda describes the project as "improving the minimum standards for recruiting," with layoff safeguards and non-discriminatory recruitment. It was not in the Federal Register or on public inspection as of 2026-11-01 (check the Federal Register after that date). When it appears, it will be a proposal with a comment period. Until a final rule takes effect, PERM recruitment runs under 656.17, and a final rule would itself say which cases it covers (our reading). Our explainer on the PERM labor-market-test proposal tracks it.
DOL's separate prevailing-wage rule (RIN 1205-AC30) is still only proposed (March 2026 NPRM); no final version is at OIRA.
Which employers can't file PERM right now?
As of 2026-11-01, eight employers fall under DOL's 2026-10-08 PERM suspension and Cloudera is under a two-year PERM debarment. Instacart settled without a suspension. None of these is an H-1B ban.
- The eight (in effect, announced 2026-10-08): Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini. There is still no public written notice, stated basis, end date or lawsuit. 20 CFR 656.31 allows up to 180 days during a fraud probe, but DOL has not publicly invoked it. See our explainer on the DOL PERM suspension of Microsoft, TCS, Infosys and five others.
- Cloudera (settled 2026-10-16): a two-year PERM debarment, a $600,000 civil penalty and a $1.4 million back-pay fund for US applicants to seven PERM jobs, per the Justice Department's announcement. Cloudera denies the allegations, according to press coverage of the settlement.
- Instacart, or Maplebear (settled 2026-10-20): $5 million ($4 million for affected applicants, $1 million paid to the government) with DOJ and the EEOC over mail-in-only applications for PERM jobs, as summarized by Berkshire Associates. It is not a suspension. Both settlements are compared in our Cloudera and Instacart PERM settlements guide.
Misconception: "Microsoft and Infosys can't sponsor H-1B anymore." Correction: The 2026-10-08 action covers PERM only. Mayer Brown's analysis of the announcement notes that it "does not suspend any employer from the H-1B program."
If you are past your sixth H-1B year. An approved I-140 still supports three-year AC21 section 104(c) extensions. One-year section 106(a) extensions under 8 CFR 214.2(h)(13)(iii)(D)-(E) need a PERM or I-140 filed 365+ days earlier and end with a final denial, revocation or administrative closure. A suspension is none of those, so practitioners read a suspended PERM as still counting (practitioner analysis, not agency guidance); an administrative closure would change that. Under paragraph (D)(6), a new H-1B employer does not have to be the one that filed the PERM, which matters if you are weighing a job change. Our guide to H-1B extensions during the PERM suspension goes through the options.
DOL also keeps a separate H-1B debarment list of willful violators (six employers, "effective as of October 1, 2026"). Check it before you accept an offer.
How long does PERM take now?
On 2026-10-21, DOL's FLAG processing times page showed PERM analyst review at January 2026 priority dates, audits at December 2025 and reconsiderations at May 2026. The average analyst review was 303 days (August 2026 row), down from 336. The next update is expected around 2026-11-06.
Prevailing wage determinations were at June 2026 receipts as of 2026-09-30. Federal funding runs to 2026-12-11. Judging by past shutdowns, practitioners report that DOL's Office of Foreign Labor Certification, which runs PERM, prevailing wage and LCAs, could stop processing during a lapse in DOL funding (a reported precedent, not a DOL statement). That applies only if Congress does not pass funding by 2026-12-11.
How many EB I-485s are pending for India?
USCIS's employment-based I-485 inventory, with data as of 2026-10-05 and posted 2026-10-26, lists 71,417 pending cases chargeable to India out of 225,196 in total. Both totals count only published cells, so they are floors: USCIS replaces small counts with "D" (disclosure standards not met).
"Available" means the priority date was current under the October 2026 Final Action Dates, the bulletin USCIS used for the query; "Awaiting Availability" means it was not. USCIS's reading note says every application with an earlier priority date in your category and country is ahead of you.
USCIS EB I-485 inventory, data as of 2026-10-05 (posted 2026-10-26)
| Chargeability | Pending (at least) | Breakdown USCIS gives |
|---|---|---|
| Rest of World | 120,432 | EB-2: 27,107 "available", 21,198 "awaiting"; EB-3: 17,322 / 10,549 |
| India | 71,417 | EB-2: 3,289 / 23,964; EB-3: 1,816 / 13,364; EB-1: 8,008 / 11,132 |
| China | 23,168 | n/a here |
| Mexico | 7,864 | n/a here |
| Philippines | 2,315 | n/a here |
| Total (published cells) | 225,196 | Excludes consular cases and people who have not filed |
For EB-2 India, the 23,964 "awaiting" cases split into 2,329 with November-December 2013 priority dates, 20,637 with 2014 dates and 998 with 2015 dates. The count leaves out consular cases, people with approved I-140s who have not filed an I-485, and PERM cases still at DOL, and it shifts when people move between EB-2 and EB-3. Do not compare these figures with the 268,408 EB pending in USCIS's FY2026 Q3 quarterly report, which uses a different definition. Our EB-2 India queue math shows how to place your own priority date.
Two lawsuits to track: AAUP v. Mullin and the public charge case
AAUP v. Mullin (D. Mass. 1:26-cv-14527, filed 2026-10-05) is an APA and due-process challenge to two USCIS policies, per BAL's summary. As of 2026-11-01 there is no ruling and no preliminary injunction, so both policies are in effect, challenged:
- PM-602-0199 (2026-05-21) calls adjustment of status "a matter of discretion and administrative grace" and "extraordinary relief." It names no visa class.
- PA-2026-05 (2026-08-05) lets officers deny without an RFE or NOID when required initial evidence is missing. It makes 12 weeks the RFE maximum, caps NOIDs at 30 days, and applies to every benefit request.
No USCIS data covers decisions after PA-2026-05, so forum stories about denial spikes are anecdotes. Our AAUP v. Mullin explainer follows the docket.
State of New York v. DHS (S.D.N.Y. 1:26-cv-07978) challenges the public charge final rule, which is in effect with no preliminary injunction. The states' summary-judgment motion is due 2026-12-11 and briefing runs to 2027-03-12, per the court docket.
Are mandatory green card interviews back?
No USCIS source says so. USCIS's Policy Manual updates page shows only three changes from 2026-10-01 to 2026-11-01: an EAD technical update (10-02), the "definition of day" update (10-23) and L-1 fee guidance (10-27). None touches I-485 interviews.
The long-standing rule is 8 CFR 245.6: "Each applicant for adjustment of status under this part shall be interviewed by an immigration officer." The same section lets USCIS waive the interview, including for a child under 14 or "when it is determined by the Service that an interview is unnecessary." An interview notice in your case reflects that existing power, not a new rule. If you get one, our I-485 interview guide explains how the appointment runs.
Smaller items this month
- EAD final rule (in effect 2026-10-14; challenged, with relief for seven plaintiffs only). The final rule keeps the 2025-10-30 cutoff: (c)(9) EAD renewals filed on or after that date get no automatic extension, while timely renewals filed earlier keep up to 540 days. H-1B status is separate work authorization, and the STEM OPT 180-day extension is untouched.
- I-485 edition and address. USCIS accepts only the 09/18/26 Form I-485. Under its filing locations update, old addresses work only if postmarked on or before 2026-11-09. The I-140 is not part of that change.
- Fees. The G-1055 edition 10/26/26 (posted 2026-10-28) keeps the I-140 at $715 paper or $665 online, plus the Asylum Program Fee, and the I-485 (applicant 14 or older) at $1,440 or $1,390.
- Processing snapshot. The USCIS processing times tool showed EB I-485s at 42.5 months at Service Center Operations and 9.5 months at field offices on 2026-11-01 (time to complete 80% of cases). Check it again before planning.
- EB-5 (scheduled 2026-11-30, postmark). The I-526E rises to $7,850 and the I-829 to $5,000; see our EB-5 fee increase guide.
What to watch in November 2026
| Date | Event | Status (as of 2026-11-01) |
|---|---|---|
| About 2026-11-06 | FLAG PERM processing-times update | Expected |
| 2026-11-09 | Last postmark date for old USCIS filing addresses; only the 09/09/26 I-129 accepted from this date (matters for H-1B extensions); Congress returns | Scheduled |
| 2026-11-10 | Comments close on ending the 60-day grace period for H-1B and other workers (RIN 1615-AD22; not the F-1 grace period) | Proposed; the current 60 days still applies |
| 2026-11-13 | Comments close on removing deference to prior approvals (RIN 1615-AD26) | Proposed; current deference still applies |
| Mid-November | December 2026 Visa Bulletin and USCIS's December chart choice | Expected |
| 2026-11-30 | EB-5 fee rule takes effect | Scheduled |
| 2026-12-11 | Federal funding runs out unless Congress acts | In effect to 12-11 |
| No date | Publication of the PERM proposal (RIN 1205-AC29) | Cleared OIRA |
How to check your own case this month
- Find your category and chargeability country in both charts of the November bulletin on travel.state.gov.
- Confirm on USCIS's adjustment of status filing charts page which chart applies (Dates for Filing for November), and check it again when December's choice posts.
- Compare your PERM filing month with the analyst-review date on DOL's FLAG processing times page.
- Check whether your employer is one of the eight suspended employers or under a PERM debarment, then ask your employer's immigration attorney what that means for your AC21 extension dates.
- Check any I-485 package against the 09/18/26 edition, the new USCIS filing location and the G-1055 edition 10/26/26.
- Compare your (c)(9) EAD end date with the date you filed its renewal, using the receipt notice from USCIS.
Petition strategy (a downgrade, AC21, a job change) is for a licensed immigration attorney. If you are on STEM OPT while your employer starts PERM, your DSO handles SEVIS reporting, not the green card case.
Common mistakes
- Reading the PERM suspension as an H-1B ban. It covers PERM only and does not suspend any employer from the H-1B program.
- Using the wrong chart. November I-485s use Dates for Filing. Consular cases always use Final Action Dates.
- Assuming the PERM proposal already changed recruitment. It is unpublished. 20 CFR 656.17 governs.
- Comparing inventory numbers across reports. 225,196 (inventory) and 268,408 (quarterly report) use different definitions.
- Mailing to an old address after 2026-11-09. The grace period ends with that postmark.
Frequently asked questions
What changed for employment-based green cards in November 2026
The November 2026 Visa Bulletin, published October 22, 2026, moved EB-3 India to January 22, 2014 and EB-2 Rest of World to April 1, 2025, while EB-2 India stayed at November 1, 2013, and USCIS requires the Dates for Filing chart for November I-485s. In late October a DOL PERM proposal cleared White House review without being published, Cloudera and Instacart settled PERM recruitment cases, and USCIS posted an inventory showing 225,196 pending employment-based I-485s as of October 5, 2026.
Is there a new PERM rule
Not yet. DOL's PERM labor-market-test proposal (RIN 1205-AC29) cleared OIRA review on October 23, 2026, but as of November 1, 2026 it had not been published in the Federal Register, so there is no text and no comment period. PERM recruitment still follows the current rule at 20 CFR 656.17.
Are mandatory green card interviews back
No USCIS source says so. Between October 1 and November 1, 2026, the USCIS Policy Manual changed only for an EAD technical update, the definition of day and L-1 fee guidance, with no new I-485 interview policy. 8 CFR 245.6 has long said each adjustment applicant shall be interviewed unless USCIS waives it, so one interview notice is not evidence of a new rule.
Which employers can't file PERM right now
As of November 1, 2026, DOL's October 8 announcement suspended PERM for Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini, with no public written notice and no end date, and Cloudera accepted a two-year PERM debarment in an October 16 settlement. Instacart settled for $5 million on October 20 but was not suspended. None of these actions suspends any employer from the H-1B program.
How many EB I-485s are pending for India
USCIS's employment-based I-485 inventory, with data as of October 5, 2026 and posted October 26, 2026, lists 71,417 pending cases chargeable to India out of 225,196 in total. Both totals count only published cells, so they are floors, and they exclude consular cases and people who have not filed. For EB-2 India, 23,964 cases were listed as awaiting a visa number.
Sources
- USCIS, Adjustment of Status Filing Charts from the Visa Bulletin
- U.S. Department of State, Visa Bulletin
- OIRA, Regulatory reviews completed in the last 30 days
- DOL, FLAG processing times and H-1B debarment list
- DOJ, Cloudera settlement announcement
- USCIS, EB I-485 inventory, October 2026
- USCIS, PM-602-0199, PA-2026-05 and Policy Manual updates
- 8 CFR 245.6 and 214.2
- Federal Register, DOL prevailing-wage NPRM (RIN 1205-AC30)
- CourtListener, State of New York v. DHS docket
- Federal Register, EAD automatic extension final rule
- USCIS, Form I-485, filing locations update and G-1055 fee schedule
How we checked this: we read the USCIS, DOL, OIRA, DOJ and court pages above and cross-checked the November bulletin against law-firm summaries on 2026-11-01. This is general information, not legal or tax advice; your own I-797 notices, receipts and your employer's immigration attorney govern your case.
If your green card plan depends on which employer you work for next, F1Jobs can help you focus your H-1B or STEM OPT job search on employers that sponsor.
Frequently asked questions
What changed for employment-based green cards in November 2026
The November 2026 Visa Bulletin, published October 22, 2026, moved EB-3 India to January 22, 2014 and EB-2 Rest of World to April 1, 2025, while EB-2 India stayed at November 1, 2013, and USCIS requires the Dates for Filing chart for November I-485s. In late October a DOL PERM proposal cleared White House review without being published, Cloudera and Instacart settled PERM recruitment cases, and USCIS posted an inventory showing 225,196 pending employment-based I-485s as of October 5, 2026.
Is there a new PERM rule
Not yet. DOL's PERM labor-market-test proposal (RIN 1205-AC29) cleared OIRA review on October 23, 2026, but as of November 1, 2026 it had not been published in the Federal Register, so there is no text and no comment period. PERM recruitment still follows the current rule at 20 CFR 656.17.
Are mandatory green card interviews back
No USCIS source says so. Between October 1 and November 1, 2026, the USCIS Policy Manual changed only for an EAD technical update, the definition of day and L-1 fee guidance, with no new I-485 interview policy. 8 CFR 245.6 has long said each adjustment applicant shall be interviewed unless USCIS waives it, so one interview notice is not evidence of a new rule.
Which employers can't file PERM right now
As of November 1, 2026, DOL's October 8 announcement suspended PERM for Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini, with no public written notice and no end date, and Cloudera accepted a two-year PERM debarment in an October 16 settlement. Instacart settled for $5 million on October 20 but was not suspended. None of these actions suspends any employer from the H-1B program.
How many EB I-485s are pending for India
USCIS's employment-based I-485 inventory, with data as of October 5, 2026 and posted October 26, 2026, lists 71,417 pending cases chargeable to India out of 225,196 in total. Both totals count only published cells, so they are floors, and they exclude consular cases and people who have not filed. For EB-2 India, 23,964 cases were listed as awaiting a visa number.