H-1B was not suspended. PERM was, for eight employers. Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini cannot file new PERM labour certifications, and their pending cases are paused. Current H-1B workers keep their status. The people most exposed are those approaching the six-year H-1B limit without a PERM or I-140 already filed.
The search spike, and the misunderstanding inside it
For most of 2026, weekly search interest for “perm” in India sat between 15 and 21. In the week of the announcement it jumped to 55, its highest level in 12 months. “h1b” rose to 66, its highest since December 2025.
| Rising query (India, “h1b”, past 30 days) | Change |
|---|---|
| microsoft h1b | Breakout |
| h1b suspended / h1b suspension | Breakout |
| us suspends h1b visa | Breakout |
| infosys h1b visa | Breakout |
| h1b visa validity | Breakout |
| no h1b visa news | Breakout |
Many people were searching for an H-1B suspension. What was actually suspended was PERM, the first step for most employment-based green cards. That difference changes what someone on an H-1B should do next.
What PERM is, and why a freeze still reaches H-1B workers
PERM is the labour certification an employer files with the Department of Labor to show there is no qualified US worker for a role before sponsoring a green card. It does not grant or renew work visas. The freeze still reaches H-1B workers in three ways:
- The six-year limit. H-1B status normally ends after six years. Extensions beyond that usually need a PERM or I-140 filed in time.
- Lost recruitment windows. Employers generally must file within 180 days of their recruitment. A long pause can force a restart.
- Priority dates. Queue position usually comes from the PERM filing date. Every month of delay pushes it back, and Indian-born applicants already face the longest employment green-card backlogs.
Workers whose I-140 is already approved are less affected, because the I-140 sits with USCIS, not the Department of Labor.
Why India is at the centre of this
Indian-born workers received roughly 71% of approved H-1B petitions in FY2024, according to USCIS data. Six of the eight suspended firms are IT services companies with large Indian workforces; Microsoft and Adobe both run major engineering centres in India. According to the Department of Labor, the eight companies together have received more than 230,000 H-1B approvals and at least 100,000 permanent labour certifications.
| Employer | Type |
|---|---|
| Infosys, TCS, Wipro, HCL, Cognizant, Capgemini | IT services / outsourcing |
| Microsoft, Adobe | Product technology |
The administration said the companies are under investigation for possible visa fraud and that criminal charges are possible. Microsoft responded that most of its US employees are American and that about 80% of its H-1B filings last year were for people already working there. None of these claims has been tested in court.
Part of a wider tightening
| Date | Change | Status |
|---|---|---|
| 9 Sep 2026 | $4,000 fee on each H-1B extension for “covered employers” (50+ US staff, over half on H-1B or L-1) | In effect |
| 18 Sep 2026 | Proclamation extending the $100,000 H-1B entry restriction to September 2027 | Collection blocked by courts; government appealed 9 Oct |
| 18 Sep 2026 | Executive order 14431: agencies to weigh employer layoffs | No implementing guidance yet |
| 8 Oct 2026 | PERM freeze on eight employers | No end date announced |
| 14 Oct 2026 | Automatic EAD extensions ended | In effect |
Reports cite 20 CFR 656.31 as the legal basis for the freeze. Under that rule an initial pause can last up to 180 days. Debarment of up to three years is possible but had not been announced.
What this means if you are on, or planning, an H-1B
Your status is unchanged. Ask your employer where your PERM stands and when you reach year six.
Less exposed. The I-140 is with USCIS, outside this action.
Employers outside the list are not covered by this action, which may shift where green-card sponsorship is realistic over the next 6–12 months.
See Remote Jobs in 2026 and its eligibility checker for roles open to workers in India.
The headline people searched for (“H-1B suspended”) is wrong. The real change is narrower, but it lands hardest on Indian workers.
PERM is the path from H-1B to a green card. Freezing it for the employers that sponsor the most Indian workers slows that path without touching anyone's current visa.
Methodology
Search data: Google Trends, India, weekly web search interest for “h1b” and “perm” (19 October 2025–24 October 2026) and 30-day related queries for “h1b”, accessed 23 October 2026. Values are relative (0–100). Policy details come from published Department of Labor statements as reported by immigration-law publishers and news outlets; the H-1B share by country of birth is from USCIS's FY2024 report.
Frequently asked questions
Has the US suspended H-1B visas?
No. The 8 October 2026 action suspended PERM labour certification filings for eight named employers. H-1B petitions and H-1B status were not suspended, and current H-1B workers keep their right to work.
Which companies were affected?
Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies and Capgemini. Cognizant had already been blocked from new PERM filings in early September.
How does a PERM freeze affect someone on H-1B?
Mainly through the six-year limit. Extending H-1B beyond six years usually depends on a PERM or I-140 filed in time. A freeze can also force employers to restart recruitment and push back priority dates.
I already have an approved I-140. Am I affected?
Less so. The I-140 is handled by USCIS, while this suspension covers the Department of Labor's PERM step.
How long will the PERM suspension last?
No end date was announced. Reports point to 20 CFR 656.31, under which an initial pause can last up to 180 days; debarment of up to three years is possible but had not been announced.