The U.S. Department of Labor announced on Thursday that it will suspend both new and pending Permanent Labor Certification (PERM) applications for a group of technology firms that includes Microsoft and Adobe. The move, part of a broader effort by the Trump administration to tighten rules on foreign‑worker visas, has prompted a wave of legal advice for high‑skilled immigrants employed by the affected companies.
Attorney guidance amid PERM suspension
Eight immigration lawyers speaking to Business Insider emphasized that employees on H‑1B visas at Microsoft, Adobe and the other named firms should immediately consult qualified counsel to understand their individual situation. The attorneys stressed that they could only offer general recommendations without reviewing each client’s specific immigration record.
“This is a time where immigrants, high‑skilled immigrants, really need to pay attention to laws,” said Tahmina Watson of Watson Immigration Law in Seattle. She added that “things are changing on a dime,” underscoring the rapid policy shift.
Loren Locke of Locke Immigration Law in Atlanta offered a more tempered view, noting that most workers “will either be able to wait it out or have time to switch jobs.” Nonetheless, he warned that removal from the United States could become a reality only after an individual exhausts all avenues for extending an H‑1B status or securing another lawful basis to remain.
Potential legal challenges and employee risks
Several attorneys expect the suspension to be contested in court. Kripa Upadhyay, co‑chair of Buchalter’s Immigration & Global Mobility Practice, predicted lawsuits would begin filing “by next week.” Ted Chiappari of Duane Morris explained that the Labor Department’s authority permits a 180‑day suspension while an investigation proceeds, after which a debarment of up to three years could be imposed if violations are found.
Matthew Maiona of Maiona Ward in Boston warned that the halt leaves a “very specific group of H‑1B visa holders in limbo.” He illustrated the risk with a hypothetical employee six years into an H‑1B program who could be summoned to immigration court and, if unable to qualify for another non‑immigrant classification, might have to leave the United States.
Vice President JD Vance, speaking at a press conference, accused Microsoft of “abusing” the PERM system by laying off American workers and replacing them with lower‑paid foreign hires. He claimed the company substituted “one and a half foreign indentured servants” for each American laid off. Microsoft responded by pointing to a blog post asserting that “the vast majority of Microsoft employees in the United States are Americans” and that its H‑1B workers receive “the same as any other employees doing comparable work.”
Impact on affected workers
While the suspension targets a relatively narrow segment of the tech workforce, attorneys said the personal consequences can be severe. Upadhyay recounted a recent conversation with a Microsoft employee whose H‑1B extension was ending. The worker’s spouse also held an H‑1B visa, and the couple faced the “impossible decision” of returning to their home country, leaving behind two U.S. citizen children. “I have children to support,” the employee reportedly told the attorney.
Despite the uncertainty, many lawyers stressed that H‑1B visas can be extended beyond the six‑year statutory limit if the holder has made sufficient progress toward a green card. Locke summed up the overall outlook: “If the goal is to crush H‑1B workers, it’s not great, but it’s not really crushing them either.” Todd Pomerleau of Boston urged anyone concerned about their immigration status to “seek competent counsel” as the enforcement landscape remains unclear.
The consensus among the eight attorneys is that affected employees should act promptly, gather documentation, and explore all legal options—including possible extensions, change‑of‑status filings, or alternative visa categories—while awaiting the outcome of any pending litigation.
Mitchell Landsberg is a Senior Technology Correspondent at News Raise. He covers consumer electronics, artificial intelligence, software developments, and digital privacy trends.
