Tech Industry, H-1B Workers, and the PERM Program: What Vance’s Announcement Means

PERM is the process US employers use when they want to sponsor a foreign worker for a green card through employment. In practical terms, it is one of the main pathways that allows some H-1B workers, to move from temporary status to permanent residence in the United States. On October 8, 2026 Vice President JD Vance announced that Microsoft, along with Adobe, Cognizant, Infosys, Wipro, Capgemini, HCL Technologies, and Tata Consultancy Services would be suspended from using the PERM process, a step that could prevent the tech leaders from sponsoring certain H-1B workers for permanent residency in the US. 
Officials said the suspension would “last as long as it needs to.”

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Federal Court Blocks DHS Rule Ending “Duration of Status” for Foreign Nationals on F, J, and I Visas

On September 14, 2026, a Massachusetts federal district court temporarily blocked a Department of Homeland Security (“DHS”) regulation scheduled to take effect on September 15, 2026. The regulation would have ended the longstanding “Duration of Status” (“D/S”) system for international students, exchange visitors foreign media representatives, and their qualifying dependents. In Presidents’ Alliance on Higher Education and Immigration, et al. v. U.S. Department of Homeland Security, et al. , the Court postponed the effective date of the rule and prohibited DHS and United States Immigration and Customs Enforcement (“ICE”) from implementing it while the litigation continues. As a result, the existing D/S framework remains in place. The Court has not, however, vacated the rule or issued a final decision on the merits of the case.

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White House Extends H-1B $100,000 Payment Requirement

On September 18, 2026, President Trump issued a new proclamation extending the H-1B entry restrictions first imposed in September 2025 for another year. The extension continues the requirement that certain H-1B petitions involving workers seeking entry to the United States be accompanied by a $100,000 payment. The new proclamation extends the restriction through September 21, 2027.

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