The October 8, 2026 announcement reportedly targets PERM labor-certification processing for Microsoft and seven other companies. It does not, by itself, cancel a worker’s H-1B status or an approved green card. What it may mean for an employer-sponsored green-card case depends on the case’s stage, the written instructions the Department of Labor issues, and the worker’s individual facts.
What was announced—and what remains unclear
Axios reported on October 9 that the administration said it was suspending Microsoft, Adobe, and six other companies from the PERM labor-certification program. According to Axios, the Department of Labor would stop accepting new PERM applications from the named companies and stop processing applications already in the pipeline. Axios’s October 8 explainer described the action as targeting PERM, not the H-1B program itself.
That is a report of an announced action, not a complete written agency order. The available reporting does not establish a written DOL notice defining the suspension’s duration, exactly which entities it covers, or how it applies to each case stage. It also does not establish a court ruling on the action. Until DOL issues instructions or additional reliable documentation clarifies the scope, workers should not assume that every Microsoft employee—or every employment-based case at Microsoft—is affected in the same way.
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PERM is not the same as H-1B status or a green card
PERM is a labor-certification step used in some employer-sponsored permanent-residence cases. It is distinct from a worker’s current nonimmigrant status and from later steps such as an I-140 immigrant petition or an I-485 application to adjust status. A reported interruption in PERM processing could affect a green-card route that depends on that step, but it is not itself an announcement that H-1B status, an employment authorization document (EAD), an approved I-140, a pending I-485, or an approved green card has been automatically canceled.
Reddy Neumann Brown’s contemporaneous attorney FAQ says the announcement does not appear to create a blanket bar on otherwise eligible I-485 filings and does not automatically invalidate existing H-1B status, EADs, or I-140 approvals. That is attorney analysis of a new announcement, not a written DOL instruction or a determination about any individual file. The U.S. Department of State explains that employment-based immigrant categories differ; some require an employer job offer, an I-140, and labor certification. Which requirements apply depends on the category and the person’s history.
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What the announcement could mean at each case stage
Start by identifying the actual filings and notices in your case. The table describes the reported issue and the question to take to counsel; it is not a prediction of how DOL will handle a specific file.
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1Clear out junk files and repair common Windows errors2Fix the driver behind crashes, sound loss and screen glitches3Repair Windows errors before they cause bigger problems| Case stage | What is reported or established | What to clarify with counsel |
|---|---|---|
| PERM has not been filed | Axios reported that DOL would not accept new PERM applications from the named companies. | Whether the reported suspension applies to your employing entity and intended filing, and what the delay means for your longer-term plan and current status. |
| PERM is pending | Axios reported that applications already in the pipeline would not be processed. | What happens to your particular application, its filing date, and any related timing or status decisions. The available reporting does not establish case-by-case handling. |
| PERM was certified | The available reporting does not establish how the suspension treats already certified PERMs. | Whether the certification remains usable for your case and what deadlines or next steps apply. |
| I-140 is filed or approved | The attorney FAQ says the announcement does not automatically invalidate an existing I-140 approval. The available reporting does not settle how every pending I-140 connected to a PERM case will be handled. | Your petition’s status, the underlying labor certification, priority date, category, and any deadline or eligibility issue. |
| I-485 is pending | The attorney FAQ says the announcement does not appear to impose a blanket prohibition on otherwise eligible I-485 filings. | Your eligibility, filing history, visa availability, and any effect of a proposed job change or other case-specific event. |
| H-1B or another current status | The reported action targets PERM, not the H-1B program. It does not itself announce automatic cancellation of current H-1B status. | Your current status, expiration date, extension plans, and any separate immigration issue. A PERM delay does not replace the need to maintain valid status where required. |
Can you change jobs if your I-140 or I-485 is already filed?
Do not treat a filed or approved I-140 as general permission to change employers. USCIS describes a limited portability rule under AC21 for certain employment-based adjustment applicants: the I-485 generally must have been pending for at least 180 days, the I-140 must be approved, and the new job must be in the same or a similar occupational classification. Whether those requirements are met is case-specific; a pending I-140 alone does not establish eligibility under that rule.
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Before accepting a new role or changing employers, ask an immigration attorney to review the filings, dates, job duties, and classification involved. Also ask how your immigrant-visa category and visa availability affect the case. Do not resign or transfer based only on a general description of AC21 portability.
What Microsoft’s H-1B and PERM figures do—and do not—show
Axios reported that Microsoft said 80% of approximately 6,000 H-1B applications in the last fiscal year were extensions or changes of status for existing employees rather than applications for new hires. This is Microsoft’s reported characterization, not an independently audited finding. It describes a company-level H-1B figure; it does not identify which workers have PERM cases or establish how the announced action affects any individual.
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For context, Axios reported U.S. Department of Labor figures showing nearly 140,000 PERM applications certified in fiscal year 2025 and nearly 118,000 new PERM applications filed that year, a 22% decline in new filings from the prior fiscal year. Those nationwide totals do not indicate how many Microsoft workers are affected or resolve how DOL will implement the announced suspension.
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What to gather before speaking with an immigration attorney
Collect the records and dates that show exactly where your case stands. If you do not have a notice, ask your employer or counsel for a copy rather than inferring status from an online summary.
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- Any PERM filing receipt, certification, or other notice, and the filing or decision date.
- Your I-140 receipt and decision notice, if one was filed, plus the priority date shown in your records.
- Your I-485 receipt and any later notices, including the date it was filed and whether it remains pending.
- Your current immigration-status documents, expiration date, and any pending extension or change-of-status filing.
- If considering a job change, the proposed role’s duties and classification, so counsel can assess whether the same-or-similar standard may apply.
Ask counsel to identify which step in your own case could be affected, whether any filing or status deadline is approaching, and whether a planned extension, travel, or job change needs separate review. Avoid making those decisions based solely on the general announcement.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Questions that still need official clarification
The reporting and attorney commentary available immediately after the announcement leave important implementation issues unresolved. In particular, they do not establish the suspension’s duration; its exact application to subsidiaries or successor employers; how DOL will treat already certified PERMs or pending I-140s; or whether later agency instructions or a court decision will change the picture. A written DOL notice and subsequent case-specific guidance could clarify those questions.
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