The announcement of the Trump administration suspending the PERM filings for eight IT majors has triggered a lot of panic and confusion as the administration did not clarify whether any data from these companies are pending and whether the suspension would be revoked. International workers are also confused about their future in these companies: Microsoft, Adobe. HCL, Cognizant, TCS, Infosys, Wipro, Capgemini.Legal consultant Bhumireddy Sai Srinivas Reddy said those who have their PERM filed and pending won’t have their case moving. Their priority date is set as of the filing date but they do not lose their spot until their cases are dismissed. “Your place in line is preserved as long as the case survives. The suspension holds it in limbo until DOL decides to resume or, if fraud is found, to deny. You’re not losing your spot by the mere passage of time. But the final outcome depends on how the investigation resolves,” Bhumireddy said.
Bigger picture: 6-year stay on H-1B
According to experts, the bigger picture to consider is that without a Green Card pathway, H-1Bs will have a maximum duration of six years in the US. H-1B visa is granted for up to three years initially and then can be extended for another three years. Those who have long-term plans in mind get company sponsorship for an employment-based Green Card and get in the waiting queue and get to stay in the US as their PERM process proceeds. But with major IT companies losing this path as of now, H-1Bs will effectively have a 6-year stay in the US — unless they go for other Green Card pathways.
What happens to approved I-140 petitions?
Immigration attorney Rahul Reddy, in an FAQ, clarified that it is unlikely that the approved I-140 petitions of these eight companies will be cancelled — and there has been no information about it.
Will the H-1Bs of these companies be affected?
Rahul Reddy said that the announcement does not concern H-1Bs of these companies. The ban is only for Green Card applicants but H-1B filings from these companies now could face heightened scrutiny.
What should international employees of these eight companies do?
Rahul Reddy said employees of these companies should not panic, but they should not ignore the announcement. Their next action depends on where they are in the immigration process: H-1B (non-immigrant visa), PERM. approved PERM, I-140 (petition for a Green Card) or I-485. (Actual Green Card application).Changing the company can be a prudent strategy for some H-1Bs whose visa extension is stucl but employees should not make major career or immigration decisions based on headlines, Reddy advised.Green Card process suspended: Immigration experts on what happens to approved I-140, existing H-1Bs; whether employees should leave these companies
