Many Poles work in the US in tech companies or for their subcontractors, and some of them are waiting for an employer-sponsored green card. For them, important news from October 8, 2026: according to reports from immigration law firms and American media, the Department of Labor (DOL) has suspended eight companies from the PERM program, which is the labor certification that starts most employment-based green card procedures in the EB-2 and EB-3 categories.
Who is affected by the suspension
The list includes: Microsoft, Adobe, and IT services companies: Cognizant, Infosys, Tata, Wipro, HCL, and Capgemini. According to reports from a press conference, Secretary of Labor Keith Sonderling stated that the DOL “will not accept any new and will not process any pending” applications for permanent labor certification involving these companies. Vice President J.D. Vance, when asked about the duration, reportedly answered that the suspension will last “as long as it takes.” Officials accuse the companies of abusing employment immigration programs; Microsoft denies the allegations.
What the regulation says
The legal basis cited by legal commentators is 20 CFR § 656.31. According to subsection (b), the Department may suspend the processing of applications concerning an employer facing proceedings for possible fraud or willful misrepresentation until the proceedings are concluded. The initial suspension “may last up to 180 days,” after which the national certifying officer may resume some applications or extend the suspension. A separate sanction is debarment for a period of not more than three years, provided for in subsection (f). As of today, it has not been publicly stated that debarment has been applied to any of these companies.
What we don’t know yet
- it is unknown how long the suspension will last or under what conditions companies could return to the program,
- details of the evidence against individual companies have not been published; the announcement does not determine the outcome of any investigation,
- on the Office of Foreign Labor Certification (OFLC) announcements page of the DOL, which we checked on October 14, there is no statement on this matter (the latest entry is from September 17, 2026), so the details of written notifications to the companies remain unclear,
- it is unknown whether other companies will join the list.
What this means for employees
The suspension applies to the PERM program, not the employee’s status: a person with a valid H-1B visa, according to available analyses, does not lose their right to work simply due to the suspension. The risk is related to time. A delay in PERM can extend the wait for a green card, and the PERM filing date usually determines the priority date, which is your place in line. Law firms also indicate that an employer who fails to complete subsequent steps within statutory deadlines may have to repeat the recruitment process required by the procedure. Individuals whose I-140 has already been approved are, according to commentaries, less at risk, but each case depends on its stage.
Practically speaking, an employee of a company on the list should ask the HR department or the employer’s lawyers about the status of their case, keep a complete set of documents (submission confirmations, dates, copies of decisions), and not make a decision to change jobs without consulting an immigration attorney, because changing employers may mean starting the procedure from scratch. We discuss the general background of paths to a green card in the article Paths to a Green Card in the US: Process and Waiting Time. The situation is dynamic, and this text is for informational purposes and does not constitute legal advice.
If your green card case depends on your employer, it is worth asking Polish-speaking attorneys from the Polish Pages directory to review your documents and discuss next steps.
