PERM at IT Consulting Firms: How Green Cards Work When You Move Between Client Sites
Your PERM names an area of intended employment even when you rotate among client sites, and the anchor your employer picks decides what a project change does to it.
Part of our guide to PERM labor certification.
PERM for consulting company employees works even when you rotate among client sites, but the labor certification is never location-free. Your W-2 employer, the consulting firm, files it; the client does not. DOL's Form ETA-9089 instructions let the firm list several areas of intended employment, or enter "Various Worksites" when a job "requires roving, travel or possible relocation." In practice, many immigration attorneys anchor a roving consultant's PERM to a headquarters or home-office area and describe client-site travel in the job and the ads. That is practitioner practice, not a DOL rule, and the framing your employer chooses shapes what a project change does to your case.
Status as of 2026-11-01
- In effect, unchanged: the PERM rules in 20 CFR Part 656, including the recruitment rules in 656.17.
- Cleared White House review, not published: DOL's "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program" NPRM (RIN 1205-AC29), which concluded OIRA review on 2026-10-23 (OIRA completed reviews). It has no published text and no comment period, so nothing below has changed because of it (check the Federal Register for publication).
- In effect as announced (2026-10-08): DOL's PERM suspension of eight named employers, six of them IT services firms (details below). No written notice, no end date, and it is not an H-1B suspension.
- Under OIRA review: USCIS's "Reforming the H-1B Nonimmigrant Visa Classification Program" NPRM (RIN 1615-AD00), received 2026-08-24. No text is public.
How PERM works for consulting company employees
A consulting firm can sponsor you for PERM even if you spend every workday at a client's office. The firm files as your employer, for a defined job and the area or areas where it is performed. Form ETA-9089 lets it list several areas or write "Various Worksites" for a roving job, and the ads must disclose the travel.
Who counts as your employer
The company that puts you on its payroll. Under 20 CFR 656.3, an employer "currently has a location within the United States to which U.S. workers may be referred for employment," and "A labor certification can not be granted for an Application for Permanent Employment Certification filed on behalf of an independent contractor." The end client and any vendor in between are not your PERM sponsor. If you are paid corp-to-corp or on a 1099, raise that with an immigration attorney before anyone starts a green card.
The area-of-intended-employment rule
The same section defines the area of intended employment as "the area within normal commuting distance of the place (address) of intended employment," and if that place is in a Metropolitan Statistical Area (MSA), "any place within the MSA ... is deemed to be within normal commuting distance." That area drives three parts of the case:
- The prevailing wage, requested on Form ETA-9141 for the job in that area.
- Recruitment, including a 30-day job order "with the SWA serving the area of intended employment" and two Sunday newspaper ads under 20 CFR 656.17(e).
- The notice of filing, posted "at the facility or location of the employment" for at least 10 consecutive business days and published in in-house media under 20 CFR 656.10(d).
DOL's Form ETA-9089 General Instructions (OMB 1205-0451, expiring 02/28/2029) say worksite information "is used for purposes of reviewing and verifying regulatory compliance with advertising, notice posting, and prevailing wage requirements."
Which location goes on the PERM for a roving employee?
The area or areas your employer identifies as where the work will be performed, entered in Section F of the ETA-9089. Any additional worksite on the PERM must already appear in Appendix A of the Form ETA-9141 with the right wage, so the list is set at the prevailing wage stage, months before the PERM is filed.
| Part of the form or rule | What DOL's text says | How consulting firms commonly use it (our reading) |
|---|---|---|
| ETA-9089 Section F.a.1, worksite type | Mark one: business premises, employer's private household, employee's private residence, or "no one specific worksite address or physical location (if there is more than one worksite location or geographic area)" | Business premises for an anchor office; "no one specific worksite" when the job spans several known areas |
| Section F.b and Appendix B | Additional worksites "must be one or more of the additional worksites identified in Appendix A of the Form ETA-9141 ... and must have the appropriate wage offer rate" | Known client regions are listed when the wage is requested, not added later |
| Section F.c, other definable areas | Completed when the MSAs "are not known or are dispersed over a wide geographical area"; "If the job opportunity requires roving, travel or possible relocation; enter the phrase 'Various Worksites'" | The usual entry for a roving consultant |
| 20 CFR 656.17(f)(4), job ads | Ads must "Indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity" | Ads that mention travel or relocation to client sites |
Sources: Form ETA-9089 General Instructions, Section F and Appendix B, and 20 CFR 656.17, as of 2026-11. The right-hand column is common practice as we read it, not DOL text.
Anchor office with travel, or one fixed client area
Neither the regulation nor the instructions require one framing. Practitioners describe two:
- Anchor office, roving job. The PERM is filed for the headquarters or home office you report to, the duties and ads describe travel to client sites, and Section F.c reads "Various Worksites." A new client in another city generally stays inside the same job opportunity. The trade-off: every listed area needs the right offered wage on the wage request.
- One fixed area. The PERM is filed for the metro area of a long-term placement, or a short list of known areas. It fits a stable project, but 20 CFR 656.30(c)(2) makes a certification "valid only for the particular job opportunity," the worker named and the "area of intended employment" stated on the application.
Your employer's attorney makes that call; your job is to know which one was made. If your anchor is actually your home, our guide to PERM for remote employees covers the private-residence box.
What happens to my PERM if my client project changes?
Usually little, if the PERM was written as a roving job; potentially a lot, if it was written for one area you are leaving for good. The H-1B runs on its own track. Under 8 CFR 214.2(h)(2)(i)(E), a move to a place that needs a new Labor Condition Application (LCA) is a material change, and the amended or new petition must be filed before you start there; moves within the current LCA's area and short-term placements (up to 30 days a year, 60 in some cases) are the exceptions. Our guide to how TCS, Infosys and Cognizant handle extensions and bench time covers the staffing-firm side.
| Change | PERM framed as a roving job | PERM framed for one fixed area | H-1B side (separate) |
|---|---|---|---|
| New client in the same MSA as the PERM's area | Same area under 20 CFR 656.3 | Same area under 20 CFR 656.3 | No amended petition if the site is in the current LCA's area; confirm the LCA covers it |
| New client in another metro area | Generally the same job opportunity (practitioner reading) | Certification "valid only for" the stated area; the attorney decides whether to hold or refile | New LCA and an amended or new I-129 filed before you start, unless a short-term placement rule applies |
| Bench between projects | The PERM describes the future permanent job; a bench period alone does not change it | Same | The LCA wage is still owed when you are benched for lack of work (20 CFR 655.731(c)(7)) |
| New role or materially different duties | May no longer match the certified job | Same | May need an amendment |
Status as of 2026-11. Current 20 CFR Part 656 and 8 CFR 214.2(h)(2)(i)(E) in effect; the PERM columns are our reading of 656.3 and 656.30(c)(2), not advice for your case.
Misconception: "My PERM says Various Worksites, so it covers any job the firm gives me." Correction: "Various Worksites" describes where the certified job is done. The certification is still "valid only for the particular job opportunity" (20 CFR 656.30(c)(2)), so a different role is a different question.
Worked timeline: one consultant, two client sites
Take a hypothetical Indian-born H-1B engineer at a mid-size IT services firm (not one of the eight), placed at a Charlotte client, with a PERM anchored to the firm's Dallas-area headquarters.
- February 2026: the employer files Form ETA-9141 for the Dallas-area office. As of 2026-09-30, DOL's FLAG processing times showed PERM PWDs issued for June 2026 receipts, so a February request would be decided well before a September filing (our reading).
- Summer 2026: a 30-day Texas job order, two Sunday ads in the Dallas area that mention the travel, and a notice of filing.
- 2026-09-15: the PERM is filed with "Various Worksites" in Section F.c. That date becomes a priority date only through an approved I-140.
- March 2027: the Charlotte project ends and a Phoenix client begins. Under the roving framing the PERM generally carries on; the H-1B needs a Phoenix LCA and an amended petition filed before the first day in Phoenix.
- Around 2027-07-15: if FLAG's 303-day average analyst review (as of 2026-10-21) held, which it may not, a decision would come about then (our arithmetic). An audit adds time.
- Within 180 calendar days of certification: the I-140 must be filed, or the certification expires (20 CFR 656.30(b)(1)). As of 2026-11-01, premium processing on Form I-907 costs $2,965 for most I-140s and targets 15 business days.
In the November 2026 Visa Bulletin, EB-2 India's Final Action Date is 2013-11-01 and EB-3 India's is 2014-01-22; both are 2015-01-15 on the Dates for Filing chart USCIS requires for November I-485s (USCIS filing charts). Consular cases always use Final Action Dates, and the December bulletin is not out yet. A 2026 date sits more than a decade behind, so the approved I-140, with its portable date and extensions past year six, is the real milestone.
Does the DOL PERM suspension affect my consulting employer?
Only if your employer is one of the eight named, and then only on the green card side.
PERM suspension, as of 2026-11-01
- Announced 2026-10-08: Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini.
- No paper trail yet: no OFLC or FLAG notice, no Federal Register notice, no stated basis or end date, and no lawsuit found.
- Not an H-1B action: law firm Mayer Brown's alert says it "does not suspend any employer from the H-1B program."
- Legal hook unconfirmed: 20 CFR 656.31 allows up to 180 days during a fraud probe, but DOL has not publicly invoked it.
- A different action: Cloudera's two-year PERM debarment came from a settlement on 2026-10-16.
According to reports on 2026-10-09, TCS said its PERM filings "were in single digits," and Cognizant's CFO said on the 2026-10-29 earnings call, "We do not expect the PERM suspension to have a material impact." Those are statements about the companies, not about your file.
An approved I-140 still supports three-year extensions under AC21 section 104(c) while the per-country limit holds your priority date back (8 CFR 214.2(h)(13)(iii)(E)). Because a suspension is not a final denial, revocation or administrative closure, practitioners read a PERM filed 365 or more days earlier as still counting for one-year section 106(a) extensions under 8 CFR 214.2(h)(13)(iii)(D). That is practitioner analysis, not agency guidance, and an administrative closure would end it. Our guide to H-1B extensions under the PERM suspension covers both paths, and the decision table for offers from a suspended employer covers whether to join one.
What is the third-party placement item at the White House?
An unpublished H-1B proposal. "Reforming the H-1B Nonimmigrant Visa Classification Program" (RIN 1615-AD00) has been under OIRA review since 2026-08-24, and its agenda abstract mentions "increasing oversight over third party placements." No text, comment period or effective date exists, and the abstract does not mention PERM. Anyone describing its effect on client-site work is guessing.
Can I port my priority date if I leave a consulting firm?
Yes, once your I-140 is approved. Under 8 CFR 204.5(e)(1), an approved EB-1, EB-2 or EB-3 petition "accords the alien the priority date of the approved petition for any subsequently filed petition," unless USCIS revokes the approval for fraud or willful misrepresentation, a revoked or invalidated labor certification, or material error.
You keep the date, not the case. Your new employer runs its own prevailing wage request, recruitment, PERM and I-140, then asks USCIS to apply the earlier date; see our guide to priority date porting with a new employer. Before I-140 approval there is nothing to carry. After an I-485 has been pending 180 days or more, INA 204(j) allows a move to a same-or-similar job "either in the same or a different geographic location," per the USCIS Policy Manual, but November's charts keep most Indian-born consultants with recent dates from filing an I-485 at all.
Checklist before you rely on the firm's green card promise
- Ask HR for your Form ETA-9141 (PWD) case number and Form ETA-9089 (PERM) filing date, in writing. A promise to start "after a year" is not a filing.
- Ask the employer's immigration attorney which Section F.a.1 box was used, which areas are on Appendix B, and whether Section F.c reads "Various Worksites."
- Request copies of the SWA job order and Sunday ads, and check that they describe the travel as 20 CFR 656.17(f)(4) requires.
- Confirm where the notice of filing was posted and which in-house channels carried it.
- Compare your filing month with DOL's FLAG processing-times page (next update expected around 2026-11-06).
- Download the latest PERM disclosure file (FY2026 Q3, through 2026-06-30) from DOL's OFLC performance data page and filter by your employer's legal name for recent certifications, denials, withdrawals and worksite cities; our PERM lookup guide shows how.
- Check the employer against DOL's H-1B debarment list and the eight-employer PERM suspension.
- Get a written answer on three scenarios: a client in another metro area, a bench period, and leaving before the I-140 is approved.
For the bigger choice between employer types, see our comparison of consulting firm vs product company sponsorship.
Common mistakes
- Treating the client or vendor as your sponsor. Only your employer can file, and 20 CFR 656.3 bars certification for an independent contractor.
- Assuming a new LCA updates your PERM. An LCA and an amended H-1B cover your temporary status at a site; they do not change the area on a pending PERM.
- Starting at a new metro-area client before the amendment is filed. 8 CFR 214.2(h)(2)(i)(E) requires the amended or new petition to be filed first, outside the short-term placement limits.
- Believing the rules already changed. RIN 1205-AC29 and RIN 1615-AD00 are unpublished; 20 CFR 656.17 still governs as of 2026-11-01.
Frequently asked questions
Can a consulting company file PERM if I work at client sites?
Yes. The consulting firm that employs you files, not the client, and nothing in 20 CFR Part 656 bars client-site work. DOL's Form ETA-9089 instructions let the employer list several areas in Appendix B, or enter "Various Worksites" when the job requires roving, travel or possible relocation. The current PERM rules apply unchanged as of 2026-11-01.
Which location goes on the PERM for a roving employee?
The area or areas the employer identifies as where the work will be performed, matching the worksites on the prevailing wage request. Many attorneys anchor a roving consultant's PERM to a headquarters or home-office area and describe client-site travel, which is practitioner practice, not a DOL rule. The ads must disclose any travel requirement under 20 CFR 656.17(f)(4).
What happens to my PERM if my client project changes?
It depends on the framing. If the PERM described a roving job tied to an anchor office and disclosed the travel, practitioners generally read a new client in another city as the same job opportunity. If it was filed for one fixed area you are leaving for good, 20 CFR 656.30(c)(2) limits it to the area stated, so ask the employer's attorney. On the H-1B side, a move to an area the current LCA does not cover generally needs a new LCA and an amended petition before you start there.
Does the DOL PERM suspension affect my consulting employer?
Only if your employer is one of the eight DOL named on 2026-10-08: Cognizant, Infosys, TCS, Wipro, HCL, Capgemini, Microsoft and Adobe. As of 2026-11-01 it is in effect with no written notice and no end date, and it covers PERM, not H-1B. An approved I-140 still supports AC21 section 104(c) extensions.
Can I port my priority date if I leave a consulting firm?
Yes, once your I-140 is approved. Under 8 CFR 204.5(e), an approved EB-1, EB-2 or EB-3 I-140 gives you its priority date for later petitions unless USCIS revokes it for fraud, a labor certification revocation or invalidation, or material error. Your new employer still runs its own PERM and I-140, and before I-140 approval there is no date to carry.
Sources
- U.S. Department of Labor, Form ETA-9089 General Instructions (OMB 1205-0451, expires 02/28/2029)
- 20 CFR 656.3, 656.10, 656.17, 656.30 and 655.731; 8 CFR 204.5 and 214.2
- DOL, FLAG processing times, OFLC performance data and H-1B debarment list
- USCIS, Policy Manual, Volume 7, Part E, Chapter 5 and adjustment filing charts
- OIRA, RIN 1615-AD00 agenda entry and completed reviews; Cognizant Q3 2026 earnings call transcript (third-party transcript); Mayer Brown, DOL enforcement alert (law firm analysis)
How we checked this: we read the DOL form instructions, the regulations, FLAG, the USCIS charts and Policy Manual, and the OIRA entries on 2026-11-01, rechecked the quotes and links on 2026-11-02, and labelled practitioner readings as such.
This is general information, not legal or tax advice; your own notices and your employer's immigration attorney govern your case, and anything still tied to F-1, OPT or STEM OPT belongs with your DSO.
If you are weighing a consulting offer against a direct-hire role and want a search aimed at employers that sponsor, F1Jobs can help you plan it.
Frequently asked questions
Can a consulting company file PERM if I work at client sites?
Yes. The consulting firm that employs you files the PERM, not the client, and nothing in 20 CFR Part 656 bars client-site work. DOL's Form ETA-9089 instructions let the employer list several areas in Appendix B, or enter Various Worksites when the job requires roving, travel or possible relocation. The current PERM rules apply unchanged as of 2026-11-01.
Which location goes on the PERM for a roving employee?
The area or areas the employer identifies as where the work will be performed, matching the worksites on the prevailing wage request. Many attorneys anchor a roving consultant's PERM to a headquarters or home-office area and describe client-site travel, which is practitioner practice, not a DOL rule. The ads must disclose any travel requirement under 20 CFR 656.17(f)(4).
What happens to my PERM if my client project changes?
It depends on the framing. If the PERM described a roving job tied to an anchor office and disclosed the travel, practitioners generally read a new client in another city as the same job opportunity. If it was filed for one fixed area you are leaving for good, 20 CFR 656.30(c)(2) limits it to the area stated, so ask the employer's attorney. On the H-1B side, a move to an area the current LCA does not cover generally needs a new LCA and an amended petition before you start there.
Does the DOL PERM suspension affect my consulting employer?
Only if your employer is one of the eight DOL named on 2026-10-08, which are Cognizant, Infosys, TCS, Wipro, HCL, Capgemini, Microsoft and Adobe. As of 2026-11-01 it is in effect with no written notice and no end date, and it covers PERM, not H-1B. An approved I-140 still supports AC21 section 104(c) extensions.
Can I port my priority date if I leave a consulting firm?
Yes, once your I-140 is approved. Under 8 CFR 204.5(e), an approved EB-1, EB-2 or EB-3 I-140 gives you its priority date for later petitions unless USCIS revokes it for fraud, a labor certification revocation or invalidation, or material error. Your new employer still runs its own PERM and I-140, and before I-140 approval there is no date to carry.