US green card freeze: FAQs on pending applications, H-1B visa, job changes

Can you still apply, change jobs or extend your H-1B?

Indian techies working in the US for Tata Consultancy Services (TCS), Infosys, Wipro, HCLTech and Cognizant should review the status of their immigration applications after the Trump administration osuspended processing under the employment-based green card programme for select technology companies.

 

In an employee FAQ published on October 8, US immigration law firm Reddy Neumann Brown PC outlined the implications for workers whose applications are at different stages of the process. The firm said the suspension affects the Permanent Labor Certification programme, known as PERM, and is primarily an employment-based green card action.

 

1. Which companies were named in the October 8, 2026 announcement?

The companies identified are:

 

Microsoft

Adobe

Cognizant

Infosys

Tata Consultancy Services (TCS)

Wipro

HCL Technologies

Capgemini

 

2. What exactly did the government announce?

The Department of Labor announced that these companies are being suspended from the Permanent Labor Certification, or PERM, program. This is primarily an employment-based green-card action.

 

3. What does a PERM suspension mean?

It means the Department of Labor will not approve PERM labor certifications for these employers while the suspension remains in effect.

 

4. Can these companies file new PERM applications?

According to the announcement, the government will not accept new PERM applications involving the affected companies during the suspension.

 

5. What happens to PERM applications that are already pending?

The government indicated that it will not process pending PERM applications involving these companies while the suspension is in effect.

 

6. Does this cancel PERM applications that were already approved?

The announcement did not state that previously certified PERM applications are automatically revoked. Existing certified PERMs should therefore be distinguished from pending PERMs.

 

7. Does this cancel already approved I-140 petitions?

There has been no announcement of a blanket cancellation or revocation of previously approved I-140 petitions merely because the sponsoring company appears on this list.

 

8. Can employees with approved I-140s still use those approvals?

At this point, we do not see a blanket restriction preventing employees from relying on existing valid I-140 approvals. Individual cases, however, could still be reviewed separately.

 

9. Can employees still file I-485 applications based on existing approvals?

If the employee otherwise qualifies to file an I-485 and has a valid underlying employment-based case, today’s announcement does not appear to impose a blanket prohibition on filing I-485 applications.

 

10. Will pending I-485 applications from these companies be denied?

There is currently no announced blanket policy requiring USCIS to deny pending I-485 applications simply because the sponsoring employer is one of these companies.

 

11. Is there a blanket H-1B ban against these companies?

No. The government did not announce that these companies are prohibited from filing all H-1B petitions.

 

12. Can these companies still file H-1B petitions?

Technically, the announcement concerns PERM rather than a blanket H-1B prohibition. However, H-1B filings involving these companies could face heightened scrutiny.

 

13. Are H-1B extensions being affected?

Our office has already noticed problems involving certain companies where H-1B extensions are not being approved as routinely as before. This should not be confused with an officially announced blanket extension ban.

 

14. Are H-1B transfers being affected?

We have also observed difficulties in certain H-1B change-of-employer or “transfer” cases involving some companies. Again, the government has not announced that every transfer from or to these employers will automatically be denied.

 

15.. Should an employee assume that an H-1B extension will be denied?

Not necessarily, but employees should take the risk seriously. If an H-1B extension has been filed in premium processing and is still not being approved, or if the case is facing unusual delays or scrutiny, the employee should not simply assume approval will come. There may be significant adjudication issues involving petitions from these companies. Employees should review their I-94 validity immediately and consider alternative employment options while they still have valid status and flexibility to file a change-of-employer petition.

 

17. Should an employee consider changing companies?

Yes, in some cases that may be the more prudent strategy. This does not mean that any of the named companies are fraudulent or that every H-1B petition will be denied. However, given the increased scrutiny and uncertainty, employees whose extensions or transfers are stalled may want to explore moving to another employer before their current I-94 expires. Changing employers while the employee still has valid H-1B status and an unexpired I-94 can provide more options than waiting until there is a denial or status problem. Each case should be evaluated individually before making the move.

 

18. Should an employee change companies immediately?

Not necessarily. Employees should not make major career or immigration decisions based solely on headlines. Their H-1B validity, I-140 status, priority date, I-485 eligibility, and alternative employment opportunities should first be reviewed.

 

19. What happens to someone whose PERM is currently pending with one of these companies?

This is the group facing the most immediate green-card problem. If DOL stops processing the PERM, the employee may not be able to move to the next step of filing an I-140 based on that PERM.

 

20. What if the employee already has an approved PERM but has not yet filed the I-140?

The announcement appears directed toward new and pending PERM processing. It does not presently state that every previously certified PERM is invalid. Employees should nevertheless evaluate their specific certification and filing deadlines carefully.

 

21. What if the employee already has an approved I-140 from one of these companies?

The existing I-140 does not appear to be automatically cancelled by today’s announcement. An approved I-140 can have important consequences for priority-date retention and, depending upon the circumstances, H-1B extensions.

 

22. What if the employee already has a pending I-485?

Today’s PERM suspension does not automatically terminate a properly filed I-485. Employees with pending adjustment cases should continue maintaining their documents and carefully evaluate job changes and portability issues.

 

23. Can someone change employers after an I-485 has been pending for 180 days?

Potentially yes, under the normal AC21 portability rules, if the statutory requirements are satisfied and the new position is in the same or a similar occupational classification. Today’s announcement does not eliminate AC21.

 

24. Should employees continue renewing H-1Bs even if they have an EAD?

That depends on the individual case. Maintaining H-1B status can provide an additional layer of protection, particularly if there are concerns about the underlying green-card case. Employees should evaluate this strategically rather than automatically abandoning H-1B status.

 

25. Are employees of Microsoft, Infosys, Cognizant, TCS, Wipro, HCL, Capgemini or Adobe now illegally working in the United States?

No. The PERM suspension does not automatically invalidate an employee’s existing H-1B status, EAD, I-140 approval, or other valid immigration authorization.

 

26. What should employees of these companies do now?

Do not panic, but do not ignore the announcement. Determine exactly where you are in the immigration process: H-1B, PERM, approved PERM, I-140, or I-485. Employees with pending PERMs are likely to face the most immediate consequences. Employees seeking H-1B extensions or transfers should also anticipate substantially greater scrutiny. Those with existing I-140 or I-485 cases should have their individual cases reviewed before making employment or immigration-status changes.