Business Insider asks eight immigration attorneys what the Labor Department's PERM suspension of Microsoft, Adobe and six other employers means for H-1B workers. Loren Locke says most can wait it out or switch jobs, and that it is "not really crushing them."
From the Article
"Most people will either be able to wait it out or have time to switch jobs."
"If the goal is to crush H-1B workers, it's not great, but it's not really crushing them either."
Locke Immigration Law's Take
Business Insider interviewed eight attorneys within hours of the announcement, and the range of their reactions is the useful part. One described an H-1B worker six years in who could, in theory, end up in immigration court. Loren's answer was more measured. Removal is a risk only for someone who has used up their H-1B time, cannot get an extension, and has no other legal basis to stay. As the article notes, there are several such bases. The suspension is a serious problem for a defined group of people. It is not a crisis for everyone who works at these eight companies.
Who is in that group depends almost entirely on where each person stands in the green card process. Extensions past the six-year H-1B limit are tied to green card progress, so the details matter. Has a PERM application been filed, and when? Is an I-140 approved? How much H-1B time is left, after adding back any time spent outside the United States? Someone with an approved I-140 has room to wait. Someone early in their H-1B years has time to change employers and start a new PERM with a company that is not suspended. The people who need to act now are those near the six-year mark with nothing yet approved.
For that group, the other options deserve a serious look before they are urgent. Depending on the person, that can mean an O-1 for those with a record of distinction, a dependent status through a spouse, or a self-petitioned green card. EB-1A and the EB-2 National Interest Waiver do not require PERM at all, so a Labor Department suspension of an employer does not touch them. Lawyers in the article also expect the suspension to be challenged in court. Planning for both outcomes, without assuming either one, is the sensible posture while that plays out.
Key Takeaways
- The Labor Department suspended Microsoft, Adobe and six other employers from PERM, halting new and pending labor certifications, the first step of most employer-sponsored green cards.
- Loren Locke: most affected workers "will either be able to wait it out or have time to switch jobs"; removal is a risk only for those who exhaust their H-1B time with no extension or other legal basis to stay.
- The most exposed workers are H-1B holders near the six-year limit without an approved I-140. Earlier-stage workers have time to change employers.
- Several attorneys expect lawsuits arguing the suspension exceeds the Labor Department's authority. EB-1A and NIW self-petitions bypass PERM entirely.