PERM Suspensions and the Visa-Fraud Announcement: What Applicants Need to Know

On October 8, 2026, Vice President JD Vance and Labor Secretary Keith Sonderling announced new visa-fraud actions at a White House press conference. This post sets out what was reported, what is not yet clear, and which immigration routes are and are not involved. We are not an authority on how this will be applied, and the details may change.

What was announced

According to news reports of the press conference:

• Microsoft was suspended from the PERM program. PERM is the labor certification step that many employers use before filing an employment-based green card petition. Vance alleged that Microsoft used the system to replace American workers with foreign workers, citing about 6,000 layoffs alongside about 6,300 H-1B visas and almost 3,000 green cards. Those figures are his claims, and reports note they were not independently verified.
• More employers were reported. Newsweek reports that Sonderling also named Adobe, Cognizant, Infosys, Tata, Wipro, HCL and Capgemini, citing "multiple active federal investigations." Other outlets we read named Microsoft only, so the full list is not settled.
• Reported effect: Newsweek reports that pending applications from the named employers will not be processed further and that no new PERM applications will be accepted from them.
• Microsoft's response: Microsoft said it files H-1B petitions only for workers who meet the program's standards and pays them the same as others doing comparable work, and that it would give the administration more detail.

What we do not know

Reports did not state how long the suspensions last, their legal basis, what evidence supports the fraud allegations, or whether already-approved cases are affected. Until the Department of Labor publishes details, treat these as open questions. Companies named may also respond or challenge the actions.

Which routes are affected

• Employer-sponsored green cards through PERM (typically EB-2 and EB-3): affected if your employer is among those named. Workers in that position may want to speak with their employer's immigration counsel about timing, especially if their H-1B time is limited.
• EB-1A and EB-2 NIW: these self-petition categories do not require a PERM labor certification, so this specific action does not apply to them. That does not make them immune from future policy changes, and each case is still reviewed on its own evidence.
• O-1: a temporary visa with no PERM step, also not part of this action.
• Other measures announced: DHS proposed a $70,000 school-paid fee for OPT the day before (see our earlier post), and Vance named nine universities for further review of J-1 visa use.

What to do now

1. Don't act on headlines alone. Check the Department of Labor and USCIS pages for official notices.
2. If your employer sponsors you through PERM, ask them whether they were named and what it means for your case timeline.
3. If you are building a self-petition, keep your evidence organized and your claims supported. A well-prepared record is useful whatever policy does next.
4. Keep your own records: approval notices, receipt numbers and your visa expiration dates.

Get clarity on your situation

Your timeline, your employer and your category all change what makes sense. You can book a consultation with an Expert Advisor at app.meritocrat.us. Consultations are advisory and are not legal advice. Meritocrat is not a law firm. For a specific filing, speak with a licensed immigration attorney.

Sources: AP via OPB; Newsweek; US News; The Hill; press conference livestream by Firstpost.