PERM Suspension Hits Microsoft, Infosys and 6 Others: What H-1B Workers Can Do With an EB-2 NIW

If you are on an H-1B at Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL, or Capgemini, the PERM suspension announced on October 8, 2026 means your employer-sponsored green card has stalled at its first step. An EB-2 National Interest Waiver lets you petition for yourself without PERM, and it is worth pursuing only if your own work can meet a demanding three-part test.

Educational information, not legal advice. NIWPack is a brand operated by Kooemma Digital Holdings LLC. NIWPack is written by a self-filer, not an attorney, and is not a law firm. Consult a licensed immigration lawyer for advice on your specific facts.

Key takeaways

• On October 8, 2026, the administration announced that eight employers can no longer file new PERM applications and that their pending PERM applications will not be processed.
• The announcement did not cancel any H-1B visas, and as of October 8 no written notice explaining the legal basis or an end date had been published.
• An EB-2 NIW is a self-petition, so an employer's PERM suspension does not stop you from filing one.
• The NIW does not move you ahead in the visa bulletin, so your country's EB-2 backlog still controls when you can get the green card.
• Filing a weak NIW in a hurry can cost you fees and leave a denial on your record, so test your case before you switch tracks.

What the PERM suspension does, as announced

PERM is the Department of Labor process where an employer proves it could not find a qualified US worker for your job. It is the first step of most employer-sponsored green cards, before the employer files Form I-140 (the immigrant petition) with USCIS.

At a White House press conference on October 8, Vice President JD Vance and Labor Secretary Keith Sonderling named eight companies: Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL, and Capgemini. According to consistent reporting from the event:

• New PERM applications from these employers will not be accepted.
• Their pending PERM applications will not be processed further.
• Existing H-1B visas are not cancelled.
• No end date was given. The Vice President said it could last indefinitely.
• Microsoft and Adobe were described as subject to "multiple active federal investigations."

Two things were missing when this was written. There was no published Labor Department notice citing a regulation, and nothing addressed PERMs that were already certified, I-140s, or pending green card applications (Form I-485). Expect details to change as written guidance appears.

Where you stand depends on how far your green card got

The same announcement lands very differently depending on your stage. Use this table to find your row, then take the question in the last column to your employer's immigration counsel.

The second row matters most if you are near the six-year H-1B limit. Some extensions beyond six years depend on a PERM or I-140 that has been pending a long time, and others depend on an approved I-140. An approved I-140 from any source, including one you file yourself, may become your fallback, so ask counsel how that applies to you.

How an EB-2 NIW works without PERM

A national interest waiver (NIW) asks USCIS to waive the job offer and the PERM labor certification because your work benefits the United States. You file Form I-140 for yourself, and no employer signs anything. That is why a PERM suspension at your company does not block it.

USCIS decides NIW petitions under Matter of Dhanasar (2016), a three-prong test:

1. Your proposed endeavor has substantial merit and national importance.
2. You are well positioned to advance it.
3. On balance, it benefits the United States to waive the job offer and labor certification.

The January 2025 USCIS policy update kept that test and raised the evidence bar. You must first prove EB-2 eligibility (an advanced degree, or a bachelor's degree plus five years of progressive experience, or exceptional ability). Broad claims about economic benefit or job creation do not establish national importance on their own.

You can generally pursue an NIW while you stay on H-1B, because H-1B allows immigrant intent. You can also keep your employer's process alive in parallel, since nothing limits you to one I-140.

Test your case before you switch tracks

Language about failing national importance appears in 734 of the 1,172 published NIW appeal decisions NIWPack has screened, and it is where a typical "senior engineer at a large company" profile is weakest. Your day job at a big employer describes a role. The NIW needs a specific endeavor whose impact reaches beyond your employer's business. Run each check below before you spend money on filing fees.

1. Write your endeavor in two sentences. Name the problem, the field, and what you will do about it over the next few years. If the sentences only describe your current job duties, the endeavor is too narrow for Prong 1.
2. Find outside evidence that the problem matters nationally. Look for government reports, federal funding priorities, or industry data about the specific problem. If your only evidence is about your industry's size, the record has the gap that appeal decisions often cite.
3. List proof that you specifically are positioned to advance it. Patents, publications, systems adopted outside your team, or results others built on all count. If every item is internal to your employer and confidential, Prong 2 will be thin.
4. Ask who would write an independent letter. Count the experts outside your company who know your work. If the answer is zero, start building those relationships before filing.

Here is what that first check looks like in practice, for a fictional infrastructure engineer:

The weak version describes a job. The stronger version names a national problem, a method, and outside adoption you can document. Our guide to the proposed endeavor statement walks through this rewrite in detail.

Keep the odds in view while you decide. USCIS approved 49.1% of decided NIW I-140s in the first three quarters of fiscal year 2026 (approved divided by approved plus denied), rising from 42.5% in Q1 to 55.3% in Q3.

The visa bulletin still controls your timeline

An approved NIW gives you a priority date (for an NIW, the date USCIS receives your I-140). You still wait for that date to become current in the monthly visa bulletin for your country of birth. The October 2026 bulletin retrogressed EB-2 for most countries, and the India and China EB-2 backlogs remain years long.

So for most readers at these eight companies, an NIW is a way to keep a green card path moving while the employer route is frozen. It rarely gets you a green card sooner. If you already have an approved employer I-140, its earlier priority date may carry over to a later petition in many cases, but an attorney should confirm that given the ongoing investigations.

My take as a self-filer

I self-filed my own EB-2 NIW and was approved after answering two Requests for Evidence (RFEs, letters where USCIS asks for more proof before deciding). The lesson that applies here is that time pressure produces thin petitions. [AUTHOR NOTE: add one or two sentences on what your first RFE asked for and what you would have done differently with more preparation time.] If your H-1B clock gives you a few months, spend them building evidence before you file.

When to talk to an attorney first

This post explains an announcement that had no published written notice when it was written, and details may change. Talk to a licensed immigration attorney before acting if any of these apply:

• You are within a year of the six-year H-1B limit.
• Your current or planned H-1B extension depends on a pending PERM.
• You have an I-485 pending based on your employer's petition.
• Your employer is named in an investigation and you worked on the matters at issue.
• You were born in India or China and are deciding whether a new petition is worth it given the backlog.

Your employer's immigration counsel represents the company. For personal strategy questions, consider a lawyer who represents you.

Frequently asked questions

Does the PERM suspension cancel my H-1B?

No. The October 8 announcement said existing H-1B visas are not cancelled. It targets the green card pathway, specifically new and pending PERM applications at the eight named employers.

Can I file an EB-2 NIW while my employer is suspended from PERM?

Yes. An NIW is a self-petition, so your employer's PERM status does not block it. You still have to meet EB-2 eligibility and all three Dhanasar prongs on your own evidence.

Will an NIW get me a green card faster than PERM?

Usually it will not. An NIW skips the PERM step, but your priority date still waits in the same EB-2 visa bulletin queue for your country of birth.

How much does it cost to file an NIW myself?

As of October 8, 2026, the Form I-140 fee is $715 on paper or $665 online, plus other fees USCIS lists for self-petitioners. Premium processing costs $2,965 and gets a decision or RFE within 45 business days. Check the USCIS fee schedule before filing.

Official sources

• USCIS Policy Manual, Vol. 6, Part F, Ch. 5: National Interest Waivers
• USCIS policy alert PA-2025-03 (January 15, 2025)
• USCIS I-140 data, FY2026 Q3
• USCIS fee schedule (Form G-1055)
• USCIS AC21 guidance on H-1B extensions beyond six years
• Newsweek report on the October 8 announcement

Last reviewed: October 8, 2026.

If the endeavor check above is where you got stuck, start there. The EB-2 NIW Complete Self-Filer's Pack includes an editable proposed-endeavor template with two fully worked example petitions, so you can draft your two-sentence endeavor and see how a finished petition supports it before you commit to filing.