The latest in a series of sudden immigration policy changes has sparked discussions across Silicon Valley and among global talent mobility firms about the far-reaching consequences for work visa holders and their corporate employers in the current U.S. immigration climate.
The Department of Labor’s suspension of PERM processing for some of the biggest recruiters of global talent, including Microsoft, Adobe, Infosys, Cognizant, Capgemini, Wipro, HCL and Tata, has brought renewed attention to the uncertainty surrounding employment-based green cards, the prospects for foreign professionals seeking permanent residency and the challenges employers face in retaining global talent.
The timing and immediate effects of the decision quickly became topics of debate on immigration forums. While some argued that the announcement sounded more serious than its actual implications, others viewed the news, which came just ahead of the midterm elections, as a potential talking point for those advocating an America First immigration agenda. Many Indians also noted the irony of the announcement coming on the same day President Donald Trump honored Microsoft CEO Satya Nadella, who was born in India.
Jenny Zhan, founder and CEO of Beyond International Group, said, “The latest news that Microsoft and other tech companies are being suspended from the Permanent Labor Certification program is unsettling many families who have been residing in the U.S. for many years now and working under the H-1B visa program.”
READ: Microsoft pushes back on JD Vance’s H-1B claims: ‘We believe in American workforce’ (October 9, 2026)
The greatest anxiety is among professionals who are already in the green card process and have an approved PERM certification but have not yet filed Form I-140.
Legal consultant Bhumireddy Sai Srinivas Reddy of Virginia-based Somireddy Law Group said there is still hope for these workers. He explained, “Existing approved H-1B visas and green cards aren’t canceled. The current block is on new filings and further processing of pending applications. An already-certified PERM has cleared the DOL stage, so the real question becomes whether USCIS will accept the I-140 built on it?”
He added, “The suspension is a DOL action against these employers in the PERM program; it doesn’t automatically void a certification DOL has already granted. But there’s genuine uncertainty about whether I-140s relying on these employers’ certifications will face new scrutiny, delay, or RFEs, given the allegations.”
Despite reassurances that the move does not cancel existing H-1B visas or green cards, many in immigration circles believe professionals should consider backup plans and alternative pathways to long-term stability in the United States.
Zhan said, “I understand that for many tech workers, the current news is creating anxiety in their homes. However, they do have options if they are citizens in good standing, and the EB-5 program can be one of them.”
READ: As EB-1 advances for Indians, experts break down the October visa bulletin (
Experts advise affected professionals to plan carefully and explore options available to highly qualified workers. For some H-1B holders who have not yet filed Form I-140, an investor-based immigration program could be an alternative, depending on their eligibility and financial circumstances.
Zhan said, “The H-1B visa holders should not despair, the EB-5 Regional Center Program remains open to qualified individuals that want to invest in the U.S. and create American jobs.”
She added, “One viable option can be through the EB-5 Regional Center Program. Applicants can invest in projects already approved by the U.S. Citizenship and Immigration Services (USCIS). For example, we have a rural project under the name Beyond Paradise 1 in Hawaii. The development is under construction and has already created more than 200 American jobs and some individuals that have invested $800,000 or more in the project have received their Green Card within 10 months.”