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Mayer Brown and Silberman were among several law firms issuing guidance after Vice President J.D. Vance and the U.S. Department of Labor (DOL) on October 8 announced that the DOL “will not accept any new or process any pending permanent labor certification applications” involving eight employers: Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies and Capgemini.
The permanent labor certification (PERM) allows an employer to hire a foreign worker to work permanently in the United States. The program “is typically needed for H-1B workers to remain in the United States beyond the H-1B six-year limitation,” said Mayer Brown.
In February 2025, a Site Selection Snapshot entitled “Employers Need to Prepare” featured insights on H-1B and beyond from FordMurray Co-Founder and Principal Russell Ford. Among his concerns: DOL cuts that might affect PERM applications.
“Presently, the PERM process is taking about 15-18 months to complete as the government, even before this administration, had slowed down significantly,” Ford said then. “If cuts are made to the DOL, my fear is this process will take 36 months to complete, adding significantly more time to what is already a very long process for most, if not all, green card applicants. And, because many H-1B holders need to have a green card in process to extend their H-1B beyond statutory limits, employers now need to start thinking about starting this process within the first one or two years of an individual’s employment under the H-1B with the company.”
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