DOL Announces PERM Suspensions for Microsoft, Adobe, and Major IT Firms – WR Immigration

The Department of Labor (DOL) has announced that it will stop accepting new PERM applications and suspend processing of pending PERM applications involving Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL, and Capgemini. 

What the suspension covers

PERM is the labor certification process required for many EB-2 and EB-3 green-card cases. Employers generally must test the labor market and demonstrate that sufficient qualified U.S. workers are unavailable and that hiring the foreign national will not adversely affect comparable U.S. workers’ wages and working conditions. DOL handles this stage; USCIS adjudicates the subsequent Form I-140 immigrant petition.

At the October 8 announcement, administration officials alleged misuse of employment-based immigration programs by these companies and cited investigations. Those allegations should be distinguished from a final finding of wrongdoing. The public announcement does not establish the…