Suspension of employment-based labour certifications at eight major technology companies threatens to delay permanent residency plans, although existing H-1B visas are not automatically affected
The United States’ suspension of employment-based green card applications involving eight major technology companies has left Indian professionals facing fresh uncertainty over their long-term future in the country, with some reassessing their jobs, housing commitments and immigration options.
The US Department of Labour announced on October 8 that it would stop accepting new applications and processing pending cases under the Permanent Labour Certification (PERM) programme involving Microsoft, Adobe, Tata Consultancy Services (TCS), Infosys, Wipro, HCL Technologies, Cognizant and Capgemini. US officials cited alleged misuse of foreign-worker programmes and concerns about American employment.
PERM is a key step in obtaining many employment-based green cards. Employers must demonstrate that recruiting a foreign worker will not adversely affect the wages and working conditions of similarly employed American workers.
- For Indian technology professionals on H-1B visas, the suspension could disrupt a crucial route from temporary employment to permanent residency
- Those with pending labour certifications face particular uncertainty, especially if their permitted stay approaches its limit
The H-1B visa generally allows skilled foreign professionals to work in the US for up to six years. However, eligible applicants may qualify for extensions beyond that period if they meet specific immigration requirements, including certain milestones in the green card process.
India’s Ministry of External Affairs has clarified that the PERM suspension does not, by itself, invalidate existing H-1B visas or the status of their holders and dependants. It could, nevertheless, affect eligible employees’ permanent residency applications.
The impact also varies according to the stage of an individual’s case. Workers with approved immigrant petitions or applications for adjustment of status may have options that differ from those whose PERM applications remain pending. Existing approvals have not been automatically cancelled by the announcement.
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Immigration specialists say some professionals may explore alternative employers, visa categories or other eligible routes to permanent residency
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However, these options depend on individual circumstances and are not available to everyone
The uncertainty extends beyond immigration paperwork. Indian families who have bought homes, taken on mortgages or planned their children’s education around a long-term stay in America may now have to reconsider their financial commitments.
Although the immediate financial impact on Indian IT companies is expected to be limited, prolonged restrictions could complicate talent retention and recruitment. For affected workers, the central concern remains whether they can continue building a future in the US without a predictable route to permanent residency.
