The move affects a key route to permanent residency for employees of eight technology companies, but does not automatically cancel existing work visas
The United States has suspended new and pending applications under a key employment-based green-card programme for eight major technology companies, creating fresh uncertainty for Indian professionals seeking permanent residency.
The companies affected are Tata Consultancy Services (TCS), Infosys, Wipro, HCLTech, Cognizant, Capgemini, Microsoft and Adobe. The US Department of Labour announced the suspension on 8 October as part of the Trump administration’s efforts to investigate alleged misuse of immigration programmes and protect American jobs.
The measure targets the Permanent Labour Certification programme, commonly known as PERM, which is generally the first major step in the employer-sponsored process for obtaining an employment-based green card. Employers must demonstrate that suitable American workers are not available for the position and that hiring a foreign national will not adversely affect local wages and working conditions.
-
The suspension does not automatically invalidate existing visas. Indian employees whose H-1B work status remains valid can continue to work under the terms of their authorization
-
However, the freeze could delay the permanent-residency process for workers whose applications are pending or have yet to be filed
The implications may be particularly significant for professionals approaching the usual six-year H-1B limit. Certain workers can qualify for extensions beyond that period if they meet specified green-card process requirements. Delays in labour certification could complicate eligibility, depending on individual circumstances.
The development comes as Indian nationals continue to face lengthy employment-based green-card queues in the US.
The Indian IT industry has sought to play down the immediate business impact. TCS said its PERM applications had been in single digits over the previous two years and that it did not expect the suspension to affect its workforce strategy or client engagements. Infosys also said it did not anticipate a material impact.
Industry body Nasscom said Indian technology companies had reduced their reliance on H-1B visas while expanding local recruitment in the US. It also stressed that skilled-worker mobility and immigration policy should be treated as distinct issues.
The US administration has alleged that some companies used foreign-worker programmes in ways that disadvantaged American employees. Microsoft has disputed the allegations, saying most of its recent H-1B filings related to existing employees rather than new overseas recruits.
For Indian professionals, the immediate impact will depend on their employer, the stage of their green-card application and their current immigration status. Workers should seek advice from qualified US immigration counsel before making decisions about employment or visa arrangements.
