Welcome to the Guberman // Appleby Immigration Update. We hope you find the information provided relevant to your immigration needs. Our objective is to highlight recent updates in immigration that are of interest to our readers.
Today’s topic:
Eight Tech Companies Blocked from US Employment Green Card Program — In this update, we will discuss the latest US immigration news regarding the banning of large tech companies from certain US green card streams.
What happened?
On October 8, 2026, the US government announced that Microsoft, Adobe, and six other technology companies are banned from using the Permanent Labor Certification system, an initial step in certain employment-based green card applications.
The stated reason for the ban was to protect American jobs and reduce tech companies’ use of workers on H-1B visas. The announcement resulted in confusion and consternation, not least because H-1B visas and PERM applications are not directly connected.
What is the H-1B visa and PERM labor certification process?
The H-1B visa is a temporary visa for skilled workers administered by the US Citizenship and Immigration Services. The visa is employer-sponsored, and the job must require specialized knowledge and a bachelor’s degree, or the equivalent. The wage and job conditions are regulated by the Department of Labor. There is a maximum of 85,000 H-1B visas issued in any fiscal year, with 65,000 of them subject to a lottery system. H-1B visas are typically issued for three years and are renewable to a maximum of six years. In some limited circumstances, people with pending green card applications may be able renew their H-1B visa beyond the six years. Spouses and children may accompany H-1B visa holders but generally cannot work in the US.
PERM is the permanent labor certification process administered by the US Department of Labor. It is the first step in several employment-based green card categories. The PERM process requires the employer to obtain a required wage determination from the Department of Labor which establishes the minimum required wage for the position. Then, the employer must engage in a rigorous and very specific advertising and recruitment process. The purpose of the labor certification is to confirm that there are no able, willing, and qualified U.S. workers available for the position at the required wage. This process typically takes 18 months to two years. If the certification is approved, the employer may then (and only then) begin the actual green card application process on behalf of their foreign national employee. It is from this PERM process that the eight tech companies are now banned, which means they cannot begin or continue the green card process on behalf of their workers.
Historically, many companies that have petitioned for H-1B visas for valuable workers, then subsequently pursue a green card to keep said employees, but the two programs are not directly connected. The worker does not need to be in H-1B status (or even inside the US) for their employer to engage in the PERM process.
What happens to H-1B visa holders now?
In a word, nothing. The announcement of October 8, 2026 affected only the PERM system and only for the specified companies. However, the announcement is part of the current administration’s ongoing efforts to limit legal immigration to the US.
What does the ban actually mean?
The banned companies will not be able to sponsor any workers for green cards through employment-based pathways that require PERM certification. Additionally, any cases that have pending PERM applications from these companies will not be processed. It is not yet clear what, if any, effect this will have on people sponsored by the banned companies who have already received a PERM certification and are in the green card process.
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