PERM suspension leaves Indian tech workers weighing new US green-card routes

A suspension of the PERM labour-certification process for employees of 8 companies has created uncertainty for Indian technology professionals pursuing employment-based US green cards. Workers whose permanent-residence applications depend on PERM may now face disruption at a key stage of their immigration plans.

PERM is a US Department of Labor process used to certify that hiring a foreign worker for a position meets required labour-market conditions. If an employer cannot move the process forward, the employee's green-card application may be delayed or halted.

The immediate effect is not the automatic cancellation of a worker's existing visa. The suspension also does not close every route to permanent residence. However, affected professionals may need to reassess their employer, immigration pathway and longer-term plans in the US.

Changing employers

One possible route is moving to an employer that can support a new green-card application. H-1B workers can generally change employers under applicable portability rules when the new employer files the required petition and other conditions are met.

A PERM application does not automatically transfer with the employee. If the labour certification has not been completed, the new employer will generally need to begin its own PERM process. This means changing jobs may preserve employment continuity while requiring a fresh labour-certification effort.

Earlier immigration history may still help some workers. If a previous employer obtained approval for Form I-140, the employee can generally retain the earlier priority date for a later employment-based application, subject to specific exceptions. The priority date determines a worker's position in the green-card queue.

Categories that do not require PERM

Some professionals may qualify for employment-based categories that do not require PERM labour certification. The EB-1A extraordinary-ability category allows eligible workers to apply without employer sponsorship or a job offer.

Applicants must demonstrate sustained recognition and achievements at a national or international level, along with the required evidence. Strong technical skills alone may not be enough. Evidence of recognised accomplishments and significant contributions may also be necessary.

The EB-2 National Interest Waiver is another possible route. It can remove the job-offer and labour-certification requirements when the proposed work has substantial merit and national importance, and the applicant is well positioned to advance it.

Technology professionals working in artificial intelligence, cyber security or advanced computing may consider this category based on their work and supporting evidence. Eligibility depends on the facts of the individual case.

Moving to an international office

Employees of multinational technology companies may also consider relocating to an international office in countries such as India or Canada while remaining within the same corporate group.

After working continuously for at least 1 year for a foreign company, an employee may be able to seek an L-1 intra-company transfer visa to the US. The L-1A category is intended for managers and senior executives, while L-1B is for workers with specialised knowledge.

Working abroad alone does not guarantee a return to the US. The employee's previous job, overseas role and proposed US position must meet the relevant immigration requirements.

Conclusion

The PERM suspension affects a key stage for workers whose green-card plans depend on employer-led labour certification, but it does not automatically end their visa status or every permanent-residence option. Possible paths include a new sponsoring employer, a PERM-exempt category or an eligible intra-company transfer.

Frequently Asked Questions

Q. What is PERM?

PERM is a US Department of Labor labour-certification process. It certifies that hiring a foreign worker meets required labour-market conditions.

Q. Does the suspension automatically cancel an existing visa?

No. The suspension does not automatically cancel the worker's existing visa.

Q. Can an H-1B worker change employers?

An H-1B worker can generally change employers under applicable portability rules when the new employer files the required petition and other conditions are met.

Q. Does a PERM application move automatically to a new employer?

No. An unfinished PERM application does not automatically transfer with the employee. The new employer will generally need to begin its own process.

Q. Can an earlier priority date be retained?

If a previous employer obtained approval for Form I-140, the employee can generally retain the earlier priority date, subject to specific exceptions.

Q. Which categories may not require PERM?

EB-1A extraordinary ability and EB-2 National Interest Waiver are categories described as possible routes that do not require PERM labour certification.

Q. What is required for EB-1A?

Applicants must show sustained national or international recognition, qualifying achievements and the required supporting evidence.

Q. What is the overseas-transfer option?

An eligible employee may work for at least 1 year for a foreign company in the same corporate group and then seek an L-1 transfer to the US.