For individuals seeking an employment-based Green Card in the United States, the sponsoring employer’s immigration practices can play an important role. Following investigations announced on October 8, 2026, the processing of pending and future PERM applications involving certain organizations has been suspended.
This does not mean that all PERM applications across the United States have been suspended or that the employment-based Green Card process is no longer available.
The impact on your application depends on the action taken against your sponsoring employer, the current stage of your case, and your immigration status. Rather than making decisions based on general news reports, it is important to review the scope of any official notice sent to your employer and how it may affect your application timeline.
What Is PERM and Why Is It Important for a Green Card?
PERM is the permanent labor certification process required for many employment-based Green Card applications. The application is filed by the sponsoring employer, not the employee.
During this process, the U.S. Department of Labor (DOL) evaluates whether there are sufficient U.S. workers who are able, willing, qualified, and available for the position. The DOL also considers whether hiring a foreign worker would negatively affect the wages and working conditions of similarly employed U.S. workers.
After the employer completes the prevailing wage determination and required recruitment steps, it submits the PERM application.
For cases requiring PERM certification, the employer must generally obtain approval before filing Form I-140, Immigrant Petition for Alien Workers, with USCIS.
An approved PERM application does not, by itself, grant a Green Card, lawful immigration status, or work authorization. Applicants must still meet the requirements of the remaining immigration steps.
What Are the New Investigations Examining?
The investigations focus on whether the information organizations provide in their immigration filings accurately reflects their recruitment practices, wages, and employment arrangements.
The reviews involve both PERM applications and the use of the H-1B visa program.
There is also a separate development involving the J-1 program. According to an October 9, 2026, announcement from the DOL Office of Inspector General, investigations are underway into nine universities’ use of the J-1 program. The universities have received formal requests for information and documents.
Authorities are examining whether these programs were used to avoid employment-related obligations or place U.S. workers at a disadvantage. These are allegations under investigation, not confirmed findings of violations.
The investigations could also expand to other organizations. Businesses with commercial relationships with the companies under review may be asked to provide information.
What Does It Mean When a PERM Application Is Suspended?
A suspension means that the government has temporarily stopped processing an application. It is not the same as a denial.
Under 20 CFR § 656.31, the DOL may suspend the processing of PERM applications involving an employer, attorney, or agent connected to an investigation into possible fraud or willful misrepresentation.
The DOL does not need to complete the investigation or establish that a violation occurred before suspending processing.
Does a PERM Suspension Automatically End After 180 Days?
No. The 180-day period is not a guaranteed deadline for processing to resume.
The regulation allows an initial suspension of up to 180 days. Depending on the circumstances, the DOL may resume processing some or all affected applications or extend the suspension until the investigation or related legal proceedings are completed.
Employers and employees should therefore avoid assuming that their cases will automatically move forward after six months.
What Stage Is Your Green Card Application In?
To understand how a suspension may affect your case, you first need to identify its current stage.
An application that has not yet been filed is in a different position from one that has already received PERM approval.
If Your PERM Application Has Not Been Filed
When a suspension also covers future applications involving your employer, your planned PERM filing may be affected.
Starting the prevailing wage determination or recruitment process does not mean the PERM application has been submitted to the DOL.
Employees whose cases are still being prepared should confirm whether their applications have actually been filed.
If Your PERM Application Is Pending
When a pending application falls within the scope of a suspension, the next steps that depend on PERM approval may also be delayed.
This could extend the overall Green Card timeline.
A suspended application, however, has not necessarily been denied.
If Your PERM Application Has Already Been Approved
An existing PERM approval requires a separate review.
Suspending the processing of applications and revoking an approved labor certification are different actions. Federal regulations contain separate provisions allowing approved certifications to be revoked or invalidated under certain circumstances.
In addition, an I-140 petition based on an approved PERM certification generally must be received by USCIS within the certification’s 180-day validity period.
This deadline is separate from the 180-day suspension period that may apply during an investigation.
Do not assume that the filing deadlines in your case have been extended simply because an investigation has been announced.
Can a PERM Investigation Affect Your H-1B Status?
A suspension of PERM processing does not automatically terminate an employee’s existing H-1B status.
Your ability to remain and work in the United States under H-1B status depends on the validity of your approval and your continued compliance with the applicable status requirements.
A separate investigation into your H-1B petition, termination of employment, or changes to your working conditions may have different consequences.
One important point is that a pending PERM application does not automatically extend your H-1B status.
For employees approaching the general six-year H-1B limit, PERM and I-140 filing dates are especially important.
Under certain conditions, a PERM application or I-140 petition filed at least 365 days before the start of the requested extension period may support one-year H-1B extensions beyond the six-year limit.
Other extension provisions may apply based on an approved I-140 petition and immigrant visa availability.
These options require separate filings and an assessment of eligibility.
For this reason, it is not enough to focus only on when your PERM application will be approved. You should also plan how to maintain your lawful status and work authorization while your case remains pending.
What Should Employers Review?
For employers, proper preparation involves more than completing immigration forms accurately.
Records should consistently reflect how recruitment was conducted, the terms of the job opportunity, and how applicants were evaluated.
Job Advertisements and Applicant Evaluations
Advertisements used during the PERM recruitment process must match the position and working conditions described in the application.
Employers must document their recruitment activities, the results, and any lawful, job-related reasons for rejecting U.S. applicants.
Simply stating that no qualified applicants were found is not a substitute for maintaining records that explain how the recruitment process was conducted.
How Layoffs Can Affect PERM Applications
Layoffs do not automatically prevent an employer from filing a PERM application.
The timing of the layoffs, the occupations involved, and the area of intended employment are important factors.
When an employer has laid off workers in the same or a related occupation within the area of intended employment during the six months before filing, it may be required to document that potentially qualified laid-off U.S. workers were notified of the job opportunity and considered for the position.
Employers should therefore consider workforce reductions and PERM planning together rather than treating them as unrelated matters.
Record Retention and Responses to Government Requests
Employers must retain copies of PERM applications and supporting documentation for five years from the filing date.
Records should not only be accessible but also clearly connected to the relevant application.
When an employer receives an investigation notice, formal document request, or suspension notice, it should promptly forward the communication to its legal department and immigration attorneys.
Relevant physical and electronic records should be preserved, and routine deletion procedures may need to be suspended.
What Should Employees With Pending PERM Applications Do?
The first step is to understand whether the reported investigations actually affect your case.
You can ask your sponsoring employer and immigration attorney to clarify three important points:
Scope of the suspension: Has your sponsoring employer received an official notice, and does it cover your application?
Current application status: Has your PERM application been filed? What was the filing date? Have your PERM application or I-140 petition been approved?
Immigration deadlines: When do your current status and work authorization expire, and which applications must be filed on time if delays continue?
Your PERM application and current immigration status should be reviewed together.
Even when your employer is managing the PERM process, you remain responsible for monitoring the expiration dates of your immigration status and work authorization.
Frequently Asked Questions About PERM Investigations
Does a PERM Audit Mean My Employer Is Under Investigation?
No. A PERM application selected for an audit does not necessarily mean the employer is under investigation for fraud.
The DOL may also select applications for random audits.
Employers should carefully review the document requests and response deadlines included in any audit notice.
Can I Transfer My PERM Application to Another Employer?
A PERM labor certification is not an independent authorization that employees can freely transfer between employers.
The certification is tied to a specific job opportunity, employee, and area of intended employment.
Changing employers therefore does not automatically transfer an existing PERM case to the new employer.
The stage of your current application and the details of the new job offer must be reviewed to determine whether a new process is required.
Can I Apply for a Green Card Without PERM?
Yes, certain immigration categories do not require PERM labor certification.
For example, individuals who qualify for an EB-2 National Interest Waiver (NIW) may request a waiver of the job offer and labor certification requirements.
A delayed PERM application, however, does not automatically make someone eligible for an NIW.
Applicants must independently meet the EB-2 eligibility requirements and the criteria for a National Interest Waiver.
Let Us Review Your Employment-Based Green Card Case
When your PERM application is delayed, one of the most important steps is to understand your case status and identify upcoming immigration deadlines.
Reviewing the documents and circumstances specific to your application can help determine which options may be available.
At MC Law Firm, we help individuals evaluate their employment-based Green Card cases, understand the application process, and explore their immigration options.
Contact our team to discuss your pending application or planned Green Card process.
Phone: (201) 957-0909
Email: [email protected]
