Product5 publishersReports disagree3 min readPublished
Green card filings stall for engineers at Microsoft, Adobe and six IT outsourcers
Labor Secretary Keith Sonderling suspended Microsoft, Adobe and six IT outsourcers from PERM, the step before an employer-sponsored green card. For their clients, the exposure is the long-placed vendor engineer whose green card plan has stalled with no end date.
The Product Desk
What happened
- The Labor Department said it suspended Microsoft and Adobe because of multiple active federal investigations.
- Vice President JD Vance said nearly 1,000 of Microsoft's 3,682 PERM applications were for the same positions as American workers it had laid off.
- The Labor inspector general opened a nationwide H-1B and PERM fraud investigation in July and held new filings from Cognizant and Cloudera in September.
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Why it matters
- contradiction TNW says already-filed cases are not cancelled while Sonderling said pending applications will not be accepted, so a client cannot yet tell whether an engineer's in-flight case is frozen.
- exposure The risk lands on vendor engineers on long US placements whose green card plan runs through a suspended employer, and through them on the client accounts they staff.
- precedent Because the investigation is nationwide and the hold list has already grown once, vendors absent from Thursday's list remain within reach of the same action.
- cost If DHS adopts its proposed $103,265 fee per new capped H-1B, replacing a departing vendor engineer with a fresh hire carries that charge before any salary is paid.
The first person to feel this is an engineer employed by one of the six outsourcers and placed on a client's team on an H-1B [1]. Her employer was about to file the labour certification that has to come before a green card petition [8]. Labor Secretary Keith Sonderling said the government would accept no new or pending certification applications involving the suspended companies [18]. Her current visa does not change, according to TNW [17].
The word "pending" is where the reports split. TNW reported that the suspension covers new filings and that cases already filed or approved are not cancelled [17]. Both accounts fit a hold: under 20 CFR 656.31 the department can hold applications until an investigation finishes [9]. The department has published no end date, and none of the three reports describes any change to H-1B petitions or to client contracts [14].
The case made from the podium was about fraud and displaced Americans. Vice President JD Vance said Microsoft laid off 6,000 American workers in 2025 after certifying it could not find qualified American employees [4]. He said nearly 1,000 of its 3,682 PERM applications were for the same positions [5]. That is about 27% of its filings, on his numbers [15]. "There has been no company in the United States, unfortunately, that has abused this system more than Microsoft," Vance said [6]. Microsoft and Adobe did not immediately respond to requests for comment [7].
The action is narrower than the speech. The department stopped taking certification filings from eight employers while an inspector general's fraud investigation runs, and no criminal charges have been brought [3]. That investigation is nationwide. It opened in July, and in September it held new filings from Cognizant and the data firm Cloudera, TNW reported [10]. Cloudera is not an IT outsourcer.
The comfortable assumption on the client side is that immigration is the vendor's problem, because the vendor is the employer. The engineer on the account sees something else: a green card plan tied to an employer that cannot file, and no date for when it can. I'd expect the people furthest along that path to start answering recruiters from employers that can still file. Replacing them costs more if the Department of Homeland Security adopts the $103,265 fee it proposed in August for each new capped H-1B [11]. Moving the work to another vendor is slow as well. Capgemini's research institute found last month that 36% of large organisations would need more than a year to leave a critical provider [13]. Capgemini, one of the suspended six, takes 29% of group revenue from North America, its fastest-growing region [12].
A two-by-two sorts the exposure account by account. One axis is whether the person's employer is on Thursday's list [1][2] or September's [10]. The other is whether that person's plan to stay in the role depends on a labour certification filing within the next year. Yes on both is a retention risk now. A listed employer with no filing planned leaves the work running, since the visa holds [17]. An unlisted employer with a filing planned can still file today, on a list that went from two names in September to eight on Thursday [16]. No on both changes nothing. The grid fills in from one number per vendor: how many people on the account have a certification planned or pending with a suspended employer.
What to watch
- Whether the Labor Department says if PERM cases already filed at the eight firms are held or processed, given the gap between Sonderling's 'new or pending' and TNW's account.
- Whether the inspector general's nationwide investigation adds more employers to the hold list or produces criminal charges.
- Whether DHS finalizes the $103,265 fee it proposed in August for each new capped H-1B petition.
Clarity's read
What the record supports and how the coverage leans. The claims behind it follow.
Reality
- Evidence62
- Adoption
- Insufficient
- Hype gap+22
- Incentives55
- Confidence60
Perspective Coverage
3 publishers- Builder
- Builder 18%
- Operator
- Operator 40%
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- Investor 42%
Claim ledger
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- [1]
Labor Secretary Keith Sonderling announced on Thursday that six major IT outsourcing firms - Cognizant, Infosys, TCS, Wipro, HCL and Capgemini - were suspended from the Permanent Labor Certification (PERM) Program.
ReportedSupportedSource: BusinessToday, reporting Sonderling's announcement3 sources— create a free account to open themView cited source - [2]
The Department of Labor also suspended Microsoft and Adobe from the PERM program, citing multiple active federal investigations.
ReportedSupportedSource: BusinessToday, quoting Sonderling3 sources— create a free account to open themView cited source - [3]
No criminal charges have been brought in the labour investigation.
- [4]
Vance said Microsoft laid off 6,000 American workers in 2025 after certifying that it could not find qualified American employees.
ReportedSupportedSource: BusinessToday, reporting Vance's remarks2 sources— create a free account to open themView cited source - [5]
Vance said Microsoft filed 3,682 PERM applications, nearly 1,000 of which were for the same positions as the American workers who had been laid off.
ReportedSupportedSource: BusinessToday, reporting Vance's remarks2 sources— create a free account to open themView cited source - [6]
"There has been no company in the United States, unfortunately, that has abused this system more than Microsoft."
ReportedSupportedSource: JD Vance, quoted by BusinessToday2 sources— create a free account to open themView cited source - [7]
Microsoft and Adobe did not immediately respond to a request for comment.
- [8]
PERM is the labour certification an employer must obtain before petitioning for a worker's green card.
- [9]
The Labor Department can hold applications under 20 CFR 656.31 until an investigation finishes.
- [10]
The Labor Department's inspector general opened a nationwide H-1B and PERM fraud investigation in July, then held new filings from Cognizant and the data firm Cloudera in September.
- [11]
The Department of Homeland Security proposed in August a $103,265 fee for each new capped H-1B.
- [12]
Capgemini took EUR 1,721M from North America in the first quarter, a region worth 29% of group revenue and growing faster than any other.
- [13]
Capgemini's research institute found last month that 36% of large organisations would need more than a year to leave a critical provider.
- [15]
On Vance's figures, about 27% of Microsoft's PERM applications were for positions matching those of laid-off American workers.
- [16]
The number of employers with new PERM filings held went from two in September (Cognizant, Cloudera) to eight on Thursday.
- [17]
The suspension covers new filings; cases already filed or approved are not cancelled by it, and nobody's current visa status changes.
- [18]
Secretary of Labor Keith Sonderling said the government would not accept any new or pending permanent labor certification applications involving these companies.
Sources
5 independent publishers whose own reporting we read for this story.
- businessinsider.comVance says the US is suspending permanent visa residency program for Microsoft and Adobe
1 article · October 8, 2026
- businesstoday.inSetback for IT giants: US suspends Infosys, Tata, Wipro, HCL, Cognizant as Vance targets H 1B abuse - BusinessToday
1 article · October 8, 2026
- techcrunch.comUS bars Microsoft, Adobe, and major IT firms from green card program for skilled foreign workers
2 articles · October 8, 2026
- thenextweb.comUS suspending permanent residency programme for Microsoft and Capgemini, officials say
1 article · October 8, 2026
- theverge.comTrump administration says Microsoft ‘abused’ worker visa program and is cutting off access
1 article · October 8, 2026
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