U.S. Immigration Alerts

FGI UPDATES: This Week’s Summary of U.S. Immigration News

Department of Labor updates PERM and PWD processing times for November 2026

Note: DOL has revised how it presents PERM processing times. Instead of reporting the specific monthly filing-date queue, it now reports rolling average calendar days.

The Department of Labor (DOL) has updated its processing times for prevailing wage determinations (PWD) and PERM applications for November 2026:

As of October 31, 2026: 

• DOL has been processing H-1B prevailing wage determinations (PWDs) filed in July 2026 (OEWS and Non-OEWS), or earlier. 
• DOL has been processing PWDs for PERMs filed in August 2026 (OEWS) and July 2026 (non-OEWS), or earlier.
• DOL has been processing H-1B redeterminations filed in September 2026 or earlier. 
• DOL has been processing PERM redeterminations filed in August 2026 or earlier. 
• DOL has been processing H-1B Center Director Reviews for October 2026 or earlier.
• DOL has been processing PERM Center Director Reviews for September 2026 or earlier.

PERM Processing Times as of October 31, 2026:

flag.dol.gov/processingtimes

IBM Ends Visa and Green Card Sponsorship for Most Consulting Roles

IBM is discontinuing U.S. visa and green card sponsorship for most roles in IBM Consulting, its largest division. The company attributed the decision to changing skill availability and client needs, noting that its use of skilled worker visa programs has declined for several years. The announcement comes amid increased federal scrutiny of technology companies’ foreign worker recruitment.

Key Points

• Scope of the Decision: The reported change covers most sponsorship-dependent roles within IBM Consulting, which employs more than 150,000 people. The announcement does not establish a companywide end to immigration sponsorship.
• Options for Affected Employees: According to an internal document reviewed by Bloomberg, affected workers can continue working for IBM outside the United States or leave the company at year-end. The document was shared with managers during the week of November 10.
• Declining H-1B Approvals: Bloomberg reported that IBM received 1,611 H-1B approvals in fiscal year 2026, compared with 2,045 in fiscal year 2025. Since 2009, the company has recorded 27,863 approvals, placing it twentieth among sponsors in the cited USCIS data.
• Broader Immigration Scrutiny: Reuters reported that the administration recently suspended Microsoft, Adobe, and several major outsourcing companies from the PERM labor certification process. Its coverage also cited the previously announced $100,000 fee on new H-1B petitions as part of the broader policy environment.
• Business Context: IBM has expanded its software business through acquisitions of Red Hat, HashiCorp, and Confluent, while consulting growth has remained largely flat since 2024. Its shares declined approximately 1% on the day of the report.

What Foreign Nationals in the US Need to Know

• Confirm Whether You Are Affected: Foreign nationals working at IBM should seek clarification about whether the policy applies to their position and sponsorship needs. The reported change concerns most sponsorship-dependent roles in IBM Consulting and should not be assumed to apply to every IBM employee.
• Review Your Individual Situation: The consequences may differ depending on your current immigration status, work authorization, and pending applications. Consult immigration counsel to understand how a sponsorship change or departure from IBM could affect your circumstances.
• Evaluate Overseas Opportunities: Bloomberg reported that affected employees may continue working for IBM outside the United States or leave at year-end. Before making plans, confirm available positions, relocation support, and eligibility to work in the destination country.
• Plan Your Next Steps Early: If continued U.S. employment is your priority, begin assessing potential employers and their willingness to provide the sponsorship you need. Coordinate any employment transition with immigration counsel before relying on a proposed start date or making travel arrangements.

Looking Ahead

• Recruitment and Retention: Reduced sponsorship could change the pool of candidates available for affected positions and influence employee retention. Employers should consider these potential effects alongside anticipated cost savings and staffing needs.
• International Staffing: Moving affected work abroad could alter team locations and client service arrangements. Organizations considering similar changes should assess whether overseas staffing supports their longer-term operating plans.
• Industry Developments: IBM’s decision may prompt other employers to review their own sponsorship practices. Further announcements would be needed before treating this development as an industrywide shift.

IBM’s announcement represents a significant change in sponsorship practices within its consulting division. For employers, it highlights the importance of aligning immigration policies with staffing requirements, communicating decisions precisely, and evaluating their consequences for employees and business continuity.

Proposed Federal Audit Adds to PERM Scrutiny and Could Set the Stage for Further Program Changes

The U.S. Department of Labor’s (DOL) Office of Inspector General (OIG) has identified the effectiveness of the Permanent Labor Certification Program (PERM) as an area for further audit review. The planned audit, listed in OIG’s federal audit planning materials, will examine whether lengthy processing times undermine the program’s ability to ensure that qualified U.S. workers are unavailable for the positions offered to foreign nationals. Unlike recent enforcement initiatives focused on recruitment practices involving H-1B workers, this review raises a broader question: whether the labor market test remains reliable by the time a PERM application is approved. The audit could provide a basis for future regulatory changes, but no new requirements have been announced.

Key Points

• Audit focuses on lengthy processing times: Employers must show that there are not enough able, willing, qualified, and available U.S. workers for the position and that hiring a foreign worker will not adversely affect similarly employed U.S. workers. OIG questions whether recruitment efforts conducted months earlier still reflect current availability.
• Results may become outdated: Employers are required to conduct a labor market test within the six months before filing a PERM application. OIG’s audit description cites August 2022 data showing average processing times of eight to eleven months, raising the concern that qualified U.S. workers may become available after filing but before certification.
• Audit examines the effectiveness of ETA’s review process: Rather than focusing solely on employer compliance, the review will assess whether the Employment and Training Administration’s (ETA) certification process adequately establishes that qualified U.S. workers remain unavailable. This differs from OIG’s separate review of PERM applications involving H-1B workers.
• Earlier audit was postponed: OIG suspended this audit in fiscal year 2024 to prioritize another project. Its planning materials indicate the review will resume when resources allow, but no completion date has been set.
• Existing enforcement concerns remain relevant: OIG separately found that 53 percent of fiscal year 2025 PERM applications involved H-1B workers and that ETA approved 93 percent of them. These figures do not establish improper recruitment, but they show broader government interest in how PERM protects U.S. workers.

What Employers Need to Know

• Current PERM requirements remain unchanged: Employers must continue to follow existing PERM labor market test, prevailing wage, and documentation requirements. The announcement does not impose any additional requirements at this time.
• A second pre-certification labor market test could become a future consideration: OIG’s concern that worker availability may change during lengthy DOL processing could form the basis of a requirement for employers to reconfirm recruitment results before certification. Any such requirement would need regulatory action.
• Recruitment procedures must comply with both PERM and INA anti-discrimination requirements: Recent enforcement shows that employers must do more than complete the prescribed DOL advertising steps. DOJ’s August 2026 OpenAI/Statsig settlement and October 2026 Cloudera resolution involved allegations that recruitment impermissibly discouraged potentially qualified U.S. workers from receiving fair consideration.
• Applicant evaluations must remain defensible: Minimum job requirements should reflect genuine business needs, and U.S. applicants should be evaluated using lawful, job-related criteria. Applicants should not be rejected solely for lacking skills that could reasonably be acquired through on-the-job training.

Looking Ahead

• Potential changes to recruitment steps: The audit could lead DOL to reconsider whether recruitment completed months before certification adequately confirms the unavailability of U.S. workers, possibly through a second labor market test or other confirmation that U.S. workers remain unavailable.
• Greater scrutiny of processing procedures: OIG may recommend changes to ETA’s review procedures, documentation standards, or methods for verifying labor market conditions, which DOL would need to implement through appropriate administrative or regulatory processes.
• Continued enforcement across immigration programs: Project Firewall, DOJ recruitment investigations, and recent PERM-related employer suspensions reflect a broader federal focus on protecting U.S. workers. These are distinct from the proposed processing-time audit, which addresses the effectiveness of ETA’s certification process.
• Employers should continue to submit PERM applications without assuming new obligations: Employers should review recruitment practices, maintain accurate documentation, and monitor DOL announcements. Until formal changes are adopted, existing PERM requirements govern.

Bottom line: Employers should keep following current PERM requirements and maintain thorough recruitment records, while staying alert to possible future changes in recruitment timing.

USCIS Reports Decline in Pending Employment-Based Green Card Applications

Newly published USCIS data show that pending employment-based green card applications declined from approximately 266,000 in early September to about 225,000 as of October 5, a decrease of roughly 41,000 applications. These figures cover adjustment of status applications filed within the United States and exclude applicants awaiting consular processing abroad. The inventory also breaks down pending applications by visa category, country, and priority date, offering applicants and employers a clearer picture of the pending caseload.

Key Points

• Decline in Pending Applications: USCIS reported approximately 225,000 pending employment-based adjustment of status applications as of October 5. This compares with approximately 266,000 in early September, representing a decrease of about 15%.
• Scope of the Figures: The inventory covers employment-based adjustment of status applications filed by applicants within the United States. It excludes individuals waiting to complete immigrant visa processing at U.S. consulates abroad.
• Detailed Inventory Breakdown: The report groups pending applications by employment-based preference category, selected country of chargeability, and estimated priority date. These details help applicants assess how many pending applications have earlier priority dates within their category and country group.

What Employers Need to Know

• Review Relevant Categories: Employers can use the inventory to better understand the pending caseload associated with sponsored employees’ visa categories and countries of chargeability. The overall decline provides context, but the more detailed breakdown is more useful for assessing a particular employee’s circumstances.
• Maintain Realistic Expectations: A smaller pending inventory does not, by itself, establish that an individual employee will receive a green card sooner. Visa availability and the circumstances of the application remain relevant to approval timing.
• Account for Overseas Applicants: Employers should recognize that these figures provide only a partial view of employment-based green card demand. Employees completing consular processing abroad fall outside this inventory and should be considered separately when reviewing workforce immigration plans.

Looking Ahead

• Watch Subsequent Reports: Future inventory releases will help show whether the September-to-October decline continues. Additional reporting periods will provide a stronger basis for identifying a sustained trend.
• Monitor Category Differences: Changes in the overall inventory may affect visa categories and country groups differently. Reviewing those breakdowns over time may reveal developments that the headline total does not show.
• Assess Timing Carefully: Applicants and employers can use future inventory updates alongside visa availability information to inform planning. The inventory should serve as a reference point rather than a prediction of an individual application’s completion date.

The decline in pending employment-based adjustment of status applications provides a useful update on USCIS’s domestic caseload. Employers and applicants should review the category, country, and priority-date breakdowns for relevant context while recognizing that the figures exclude consular cases and do not establish individual approval timelines.

DOL Prevailing Wage Rule Moves to OMB Review

The Department of Labor (DOL) has submitted a final rule to the Office of Management and Budget (OMB) that would increase prevailing wage minimums for several employment-based immigration programs. These minimums help determine what employers must offer workers they sponsor for temporary visas or employment-based green cards. OMB review is a late step before publication, but the final requirements and effective date remain unpublished.

Key Points

• Programs Affected: The rule addresses prevailing wages for the H-1B, H-1B1, and E-3 temporary visa programs and the PERM labor certification program. PERM is an initial step toward permanent residence for many employer-sponsored workers.
• Regulatory Progress: DOL issued its proposal in March 2026 and provided a 60-day public comment period. The agency has since submitted a final version for OMB review, although its contents remain confidential until release.
• Four Wage Levels: DOL uses Bureau of Labor Statistics Occupational Employment and Wage Statistics (OEWS) data to establish wages by occupation and geographic area. Its four wage levels reflect progressively greater skill and experience, from entry-level to experienced positions.
• Proposed Increases: The March proposal would raise the wage benchmarks at all four levels, as shown below. The proposed entry-level benchmark would equal the current Level II benchmark, although the published final rule must confirm which changes were adopted.

These figures describe positions within the wage distribution, rather than percentage increases in salary.

What Employers Need to Know

• Potential Budget Effects: Higher wage benchmarks could increase the cost of sponsoring positions that rely on OEWS data. Employers should assess potential exposure by occupation, work location, and wage level.
• Final Requirements Pending: Employers should review the published rule before determining how it affects particular filings. The March proposal provides a planning reference, but its provisions should not be treated as confirmed final requirements.
• Preparation and Feedback: Human resources, finance, and immigration teams should coordinate their assessment of possible compensation changes. Employers may also wish to document recruitment and business impacts to inform future government engagement.

Looking Ahead

• Publication and Implementation: Fragomen anticipates release in the coming days or weeks, with implementation potentially 30 or 60 days after Federal Register publication. The published rule will establish the actual effective date.
• H-1B Planning: Depending on timing, the changes could affect the next H-1B cap season beginning in late winter or early spring 2027. Employers should incorporate that possibility into hiring and sponsorship budgets.
• Possible Legal Challenges: Similar wage changes pursued during the first Trump administration faced litigation and never took effect. Challenges to this rule are also possible, creating uncertainty about implementation.

The rule’s submission to OMB brings potential prevailing wage increases closer to publication. Employers should prepare for possible cost changes while awaiting the final text, implementation provisions, and effective date.

Visa Barriers Shift International Student Enrollments Toward Asia and Europe

Visa restrictions, changing government policies, and affordability concerns are influencing where international students choose to study, according to the Global Enrolment Benchmark Survey. Universities in the United States and United Kingdom reported declining international enrollments, while institutions in Asia and continental Europe recorded growth. The findings suggest that immigration policy and costs are affecting the competition for international students and potentially the future supply of graduates available to employers.

Key Points

• Global Survey Findings: The survey, conducted by Studyportals, NAFSA: Association of International Educators, and Oxford Test of English, gathered responses from 437 universities across 63 countries. It examined new international enrollments for the August-to-October 2026 intake.
• Traditional Destinations Under Pressure: Across Australia, Canada, the United Kingdom, and the United States, 62% of participating institutions reported declining international postgraduate enrollments, compared with 27% elsewhere. At the undergraduate level, 46% reported declines, compared with 26% in other destinations.
• U.S. and UK Declines: In the United Kingdom, 79% of institutions reported lower international postgraduate enrollments, and international undergraduate numbers fell an average of 19%. In the United States, 59% reported postgraduate decreases, and undergraduate numbers fell an average of 13%.
• Growth in Alternative Destinations: In Asia, 59% of participating universities reported higher international postgraduate enrollments, with average growth of 7%. Continental Europe recorded average increases of 4% in undergraduate enrollments and 2% in postgraduate enrollments.
• Canadian Stabilization: Canada showed signs of stabilization following two years of substantial declines. Institutions reported average decreases of 4% in undergraduate enrollments and 3% in postgraduate enrollments, while more than half reported unchanged postgraduate numbers.

What Employers Need to Know

• Graduate Recruitment Exposure: Employers that recruit international graduates should consider how smaller incoming student cohorts could affect future hiring pools. Reviewing university recruitment partnerships and anticipated hiring needs may help identify potential gaps.
• Changing Recruitment Geography: Enrollment growth in Asia and continental Europe could broaden opportunities for employers recruiting in those regions. Organizations with international operations may wish to assess whether their university partnerships reflect these emerging patterns.
• Career Prospects Matter: Survey respondents identified uncertainty surrounding U.S. study and work policies as a concern for prospective students. Employers should provide candidates with clear, current information about available sponsorship support and distinguish proposed changes from requirements already in effect.

What Foreign Students in the US Need to Know

• Distinguish Enrollment Trends From Policy Changes: The survey describes changes in where international students choose to study. Its findings do not themselves change your immigration status, eligibility to study, or employment authorization.
• Plan Around Your Academic Timeline: If you intend to pursue another degree or seek employment after graduation, consider immigration requirements alongside application deadlines and career goals. Seek individualized guidance from your designated school official and immigration counsel before making decisions.
• Assess the Full Financial Picture: Affordability concerns are influencing students’ destination choices, making tuition, living expenses, and funding important planning considerations. Review your anticipated costs and available financial support for the remainder of your studies.
• Discuss Employment Support Early: If your goal is to work in the United States after graduation, ask prospective employers about their willingness to provide immigration sponsorship. Early conversations can help you evaluate opportunities and develop realistic alternatives.
• Compare Future Study Options Carefully: Growing enrollments in Asia and continental Europe may make those regions worth considering for further education. Compare program quality, total costs, immigration requirements, and career opportunities before deciding whether a different destination suits your goals.

Looking Ahead

• Competition for Talent: Continued enrollment shifts could change where internationally educated graduates enter the workforce. Countries attracting more students may strengthen their position in the competition for skilled workers.
• Policy and Affordability: Institutions identified visa constraints, restrictive policies, and living costs as obstacles to international recruitment. Future changes in these conditions could influence whether enrollment patterns persist or reverse.
• Further Evidence Needed: Subsequent surveys will help establish whether the latest results represent a lasting redistribution of international students. Employers should use these findings as an early planning indicator rather than a direct forecast of graduate availability.

The survey indicates that established study destinations face increasing competition as students weigh immigration requirements, affordability, and career prospects. For employers, monitoring these developments can support longer-term recruitment planning and help maintain access to international graduate talent.

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.