Published by The Economic Times - 16, October 2026
https://economictimes.indiatimes.com/nri/migrate/us-perm-freeze-indian-h-1b-workers-could-lose-crucial-time-to-secure-green-cards-as-sponsorships-stall/articleshow/134985101.cms?from=mdr
Quotes and Excerpts from Rajiv in the article:
The scope of the action remained unclear because the companies were named publicly rather than through a clearly defined list of legal entities. “Until the DOL puts the scope of its action in writing, we cannot say with confidence whether subsidiaries are covered. Nor do we know whether a PERM filed by a staffing vendor for a worker placed at Microsoft would be treated as an application "involving Microsoft," said Rajiv S. Khanna, another US-based immigration lawyer.
Pending applications are frozen, not rejected
PERM is generally the first stage of employer-sponsored green card applications under the EB-2 and EB-3 categories. It requires employers to meet specified recruitment requirements before proceeding with an immigrant petition. Khanna noted, “The DOL appeared to be relying on a regulation that permits it to suspend processing while an employer is investigated for possible fraud or wilful misrepresentation.”
“Pending applications have been frozen, but nothing has been denied. The DOL appears to be acting under 20 CFR 656.31(b), which allows it to suspend processing while an employer is under investigation for possible fraud or willful misrepresentation in connection with the PERM program,” he further added.
The initial suspension can last up to 180 days, with further delays possible in certain circumstances. Khanna said suspended applications retain their filing dates, which can become the worker's priority dates if the applications are eventually certified.
A PERM application filed more than a year earlier should remain usable for the relevant extension while suspended, as the hold is not a final decision. “A PERM filed more than a year ago and merely suspended should still qualify, because these extensions remain available until the DOL makes a final decision, and a suspension is not a decision,” Khanna said. However, workers whose employers have not filed PERM applications could face greater difficulties.
“The people who are at risk are those within roughly eighteen months of the six-year limit whose employer never filed a PERM. Their 365-day clock cannot start running while the employer is suspended,” Khanna noted.
Khanna said the alternative categories have demanding evidentiary requirements, and workers eligible for PERM may not necessarily qualify for EB-1A or an NIW. The NIW also falls under EB-2, which has a substantial backlog for Indian applicants. Khanna pointed to the October 2026 Visa Bulletin, which listed November 1, 2013, as the EB-2 India final action date, compared with February 1, 2023, for EB-1 India.
Khanna noted that L-1A managers generally have a seven-year maximum stay, while L-1B specialised knowledge workers have a five-year limit. Qualifying multinational managers may consider EB-1C, which does not require PERM. O-1 workers may explore extensions based on continued qualifying work or assess whether they meet the requirements for EB-1A.
Children approaching 21 need particular attention. The Child Status Protection Act may preserve green card eligibility in certain circumstances, but it does not automatically extend dependent non-immigrant status. Khanna additionally advised families to consider alternatives, including student status for children, well before they reach the age limit.
Khanna advised workers to gather their immigration documents and track deadlines. “Ask your employer for copies of the filed ETA-9089 showing the case number and filing date, any certification, the I-140 receipt and approval notices, any I-485 receipts, and every H-1B approval notice. Keep your own I-94 records along with a dated list of every trip abroad, since recaptured days may decide whether you can extend.”