Immigration lawyers advise H-1B workers after U.S. government suspends PERM filings for several tech firms
Following the administration's suspension of permanent labor certification applications for Microsoft, Adobe and other tech companies, immigration attorneys warned affected H-1B employees to seek legal counsel and anticipated forthcoming lawsuits.
The U.S. Labor Department announced Thursday that it will halt new and pending PERM (permanent labor certification) applications for Microsoft, Adobe and several outsourcing firms, leaving a subset of H-1B visa holders uncertain about their status. Immigration lawyers said employees of the named companies should consult counsel to understand their options.
"This is a time where immigrants, high-skill immigrants, really need to pay attention to laws," said Tahmina Watson, a Seattle-based business immigration attorney. "Things are changing on a dime," she added.
Attorneys noted that the suspensions could be challenged in court. "I assume, by next week, we will start seeing lawsuits," said Kripa Upadhyay, co-chair of Buchalter's Immigration & Global Mobility Practice.
Labor Secretary Keith Sonderling said the government would not accept any new PERM filings for the listed firms. The PERM process is required before an employer can sponsor a worker for an employment-based visa, requiring proof that no qualified U.S. workers are available.
Legal experts explained that most affected workers could either wait for the suspension to lift or seek alternative visa categories. "Most people will either be able to wait it out or have time to switch jobs," said Loren Locke of Locke Immigration Law.
Some attorneys warned that a worker whose H-1B eligibility expires without a green-card pathway could face removal proceedings. "You could be in trouble if you cannot qualify for another non-immigrant visa classification," said Matthew Maiona of Maiona Ward.
Microsoft responded by pointing to a company blog stating that the majority of its U.S. employees are American and that its H-1B workers receive comparable pay to other staff.
The move is viewed by many lawyers as part of a broader series of actions targeting foreign workers, rather than an isolated decision. Upadhyay recounted a recent call from an H-1B employee whose visa extension was ending, leaving the worker uncertain about staying in the United States with a family.
Legal analysts noted that the Department of Labor’s authority to suspend an employer from the PERM program is limited to 180 days, after which a formal investigation determines any longer debarment, which can last up to three years.