PERM and H-1B After the DOL Suspension: Should You Accept an Offer From One of the 8 Employers?

The DOL PERM suspension leaves H-1B petitions untouched but can stall your green card. Here is how to weigh an offer from one of the 8 employers, stage by stage.

Part of our guide to Form I-140.

You have an offer from Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL or Capgemini, and the headlines say the US just barred them from the green-card program. Should you sign? Here is the short answer to the PERM H-1B question. The Department of Labor's suspension, announced on 2026-10-08, covers PERM labor certification only. It does not stop these employers from filing your H-1B petition, and it does not end anyone's current H-1B status. What it can do is delay the employer-sponsored green card. Whether that matters depends on where you are on the H-1B clock.

The real question is how much you depend on this employer starting PERM soon. The decision table below answers that by visa stage. It explains how the rules work, not what to file or whether you qualify; for that, talk to a licensed immigration attorney, or your DSO if you are on F-1, OPT or STEM OPT.

PERM and H-1B status as of October 14, 2026

Two related changes are only proposed: eliminating the 60-day worker grace period (comments close 2026-11-10; today's grace period still applies) and removing deference to earlier USCIS approvals on extensions (published 2026-10-14, comments close 2026-11-13; the current deference rule still applies).

Sources: the TechCrunch report on the announcement, EO 14431 in the Federal Register, DOL FLAG and, for the reported legal basis, Ellis's analysis. No written DOL notice was found on FLAG, and the published wording is a paraphrase. For background, see what the DOL PERM suspension means for Microsoft, TCS and Infosys workers.

Why PERM and H-1B are separate questions

An employer-sponsored green card usually runs through three steps:

1. Prevailing wage determination (PWD) from DOL. As of 2026-09-30, DOL was working on June 2026 requests.
2. PERM labor certification (ETA-9089) after a recruitment test of the US labor market. As of 2026-10-05, analyst review was on December 2025 priority dates, about 336 calendar days on average.
3. Form I-140 with USCIS, then the I-485 or consular processing once your priority date is current.

The suspension stops step 2 for these eight employers. Your H-1B runs on a different track: a DOL-certified LCA, then an I-129 petition with USCIS. Neither is part of the PERM action, so for H-1B at Microsoft (or any of the 8), the suspension does not change whether the employer can file your petition.

Even at an unsuspended employer, PWD plus recruitment plus PERM review takes well over a year, so a suspension adds an unknown delay to an already long timeline. To check an employer's green-card history before you sign, see how to tell whether a company sponsors green cards with a PERM lookup.

What about the LCA?

People searching "Capgemini LCA" usually want to know whether the employer can still file the Labor Condition Application every H-1B petition needs. The PERM suspension, as reported, does not cover LCAs. The more relevant rule is EO 14431. It directs DOL's Wage and Hour Division to start reviewing previously submitted LCAs within 30 days of signing (around 2026-10-18), and tells agencies to take into account whether a sponsor "engaged in layoffs within the previous year." It does not define "layoffs" and requires no denial, and no revised LCA form or guidance had been published as of this writing.

The decision table: how much the suspension matters at your stage

This table shows where the suspension bites. It is not a verdict on any one person's case.

Old rule, new rule, what changes for you

I-140 portability: what moves with you and what doesn't

I-140 portability gets used loosely. In practice it means three different things:

• Priority date retention. The priority date from an approved I-140 generally stays with you after a job change, but using it usually requires the new employer's own PERM and I-140, the step now frozen at these 8.
• 104(c) extensions. An approved I-140 supports 3-year H-1B extensions past year 6 when your priority date is not yet current. The employer requesting the extension generally need not be the one that filed the I-140; have counsel confirm this for your case.
• INA 204(j) portability. This lets a pending green-card case follow you to a same-or-similar job once your I-485 has been pending for the statutory period. It is a different tool from the other two. Our AC21 portability guide explains when each one applies.

If you hold an approved I-140 and you're past year 6, see H-1B extensions after 6 years with an approved I-140 before you resign anywhere.

Routes the suspension does not reach

The reported scope is PERM labor certification. EB-1A and EB-2 NIW self-petitions and employer-filed EB-1C cases don't use PERM, so they sit outside the announced scope. No agency has said whether these employers face extra scrutiny on other filings, so ask an attorney rather than assume.

Step by step: how to evaluate the offer

1. Find your 6-year date. Add up your H-1B time from your I-94 records and approval notices. Your own documents govern, not this article.
2. List your green-card paperwork. PERM filed, I-140 filed, or I-140 approved? Note the dates and which employer filed each.
3. Count back 365 days from year 6. If you have nothing filed and that point is close, a new PERM at a suspended employer may not land in time for 106(a) extensions. That is a question for an attorney.
4. Ask the employer in writing. What is its green-card policy for your role? When would PERM start after the suspension lifts? Will it file 104(c) extensions on an existing approved I-140? Does it file H-1B transfers or cap petitions as usual?
5. Ask about the H-1B track separately. Will the LCA and I-129 be filed on the normal schedule? Has the immigration team said anything about EO 14431?
6. Compare alternatives on the same terms. The tighter your 6-year date, the more an open PERM pipeline elsewhere weighs against salary.
7. Get the deadline extended if you need time. If an exploding deadline is forcing a fast answer, see how to handle an exploding job offer deadline when you're visa-dependent.
8. Book a consult before you resign. A licensed immigration attorney should review your dates if you're on H-1B. On F-1, OPT or STEM OPT, your DSO handles the SEVIS side, and an attorney handles the green-card strategy.

Common mistakes

• Reading "barred from the green-card program" as "barred from H-1B." The suspension is PERM only. The employer's H-1B filings and your current status are separate.
• Assuming an approved I-140 is gone. Practitioner analysis says approved I-140s are not automatically revoked, and an approved I-140 still supports 104(c) extensions.
• Treating the 180-day figure as an end date. It comes from a reported legal basis for an initial suspension. DOL announced no end date.
• Ignoring the 365-day requirement. A promise of "PERM soon" from a suspended employer doesn't start that clock.
• Treating EO 14431 as a denial rule. It is a directive to "take into account" layoffs, with no definitions and no implementing guidance as of this writing.
• Mixing up the two grace periods. The proposed elimination targets the 60-day worker grace period, not the separate F-1 grace period.
• Deciding from headlines. The suspension's terms come from reporting, not a written DOL notice. Re-check the USCIS H-1B page and DOL's foreign labor certification page before acting.

Frequently asked questions

Does the DOL PERM suspension affect my H-1B petition with Microsoft or the other 7 employers?

As announced on 2026-10-08, the suspension covers PERM labor certification only. H-1B petitions, LCAs and existing H-1B status are not part of it. Separately, EO 14431 tells agencies to take employer layoffs into account in LCAs and petitions, but it creates no automatic denial and had no implementing guidance as of this writing.

Is my approved I-140 revoked if my employer is one of the 8?

Practitioner analysis reads the action as not automatically revoking approved I-140s, and no agency statement says otherwise. An approved I-140 still supports 3-year H-1B extensions under AC21 section 104(c). Have an immigration attorney confirm how this applies to your own case.

Can I extend my H-1B past 6 years if I join one of these employers?

It depends on what you already hold. One-year extensions under AC21 section 106(a) need a PERM or I-140 filed at least 365 days before, and a suspended employer cannot start a new PERM right now. An approved I-140 can support 3-year section 104(c) extensions, so your existing green card paperwork matters more than the offer letter.

How long will the PERM suspension last?

No end date was announced. The basis is reported to be 20 CFR 656.31(b), which allows an initial suspension of up to 180 days during a fraud investigation, but DOL has not confirmed that. Even after a suspension lifts, PERM analyst review averaged 336 calendar days as of 2026-10-05.

Does I-140 portability help if I move to one of the 8 employers?

Partly. The priority date from an approved I-140 generally stays with you, and an approved I-140 can support 104(c) extensions with a new employer. Full portability of the green card case under INA 204(j) is a different tool that needs a pending I-485 that has waited the statutory period and a same-or-similar job, so ask an attorney which one applies to you.

Sources

• USCIS, permanent workers (employment-based green cards)
• DOL Office of Foreign Labor Certification

Weighing more than one offer?

An offer from one of the 8 can still be the right move. It depends on your clock, not the headline. If you want to compare it against employers with open PERM pipelines, F1Jobs helps international candidates focus their search on employers with a sponsorship track record.