U.S. Immigration Alerts

FGI Alert: U.S. Suspends PERM Program Participation for Major Technology Companies

The U.S. Department of Labor (DOL) has suspended Microsoft, Adobe, and several major information-technology companies from participating in the Permanent Labor Certification (PERM) program. DOL Secretary Keith Sonderling stated that the Department will not accept new or process pending PERM applications involving the affected companies, citing government concerns regarding alleged fraud and the displacement of U.S. workers.

• PERM Suspension: The action may prevent affected companies from initiating new PERM cases and delay pending applications. Because PERM is required for most EB-2 and EB-3 green card cases, the suspension could significantly affect permanent residence timelines.
• Government Rationale: Administration officials cited alleged fraud and concerns that foreign workers are being used in ways that disadvantage U.S. workers. The action reflects increased scrutiny of employment-based immigration programs and may signal broader efforts to examine employer-sponsored immigration more closely.
• Employer Response: Affected employers should review pending and planned PERM cases and evaluate alternative immigration options for impacted employees. Employers should also maintain careful documentation of prevailing-wage, recruitment, job-description, and other PERM requirements.
• Existing Cases: Employers should assess each case based on its current stage before determining the potential impact of the suspension. Cases that have already completed PERM may present different considerations because the labor certification has already been approved.
• Next Steps: The DOL may issue additional guidance regarding the scope and duration of the suspensions. Further agency or judicial developments could alter how pending and future PERM cases are handled.

The PERM suspensions create immediate uncertainty for affected employers and foreign workers pursuing permanent residence. Employers should review impacted cases, consider alternative immigration strategies where available, and closely monitor DOL guidance.

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.