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Microsoft and Adobe Barred From PERM Route for H-1B Staff

Six IT outsourcers are also frozen out of labor certification, as Vance cites Microsoft layoffs and the company counters with its own visa figures.

Rhys Llewellyn By Rhys Llewellyn
4 min read
Microsoft and Adobe Barred From PERM Route for H-1B Staff
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Microsoft and Adobe can no longer use the PERM program, one of the routes their H-1B employees can follow toward a green card. Vice President JD Vance announced the block on a Thursday, saying it stems from alleged fraud and abuse. Six IT outsourcing firms are covered too, and the administration says it will handle no new or pending Permanent Labor Certification applications for any of the companies involved.

In brief

  • The Labor Department will neither accept nor process permanent labor certification filings tied to the named companies.
  • Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL and Capgemini were suspended alongside Microsoft and Adobe.
  • Microsoft says 80% of its roughly 6,000 H-1B filings last fiscal year concerned existing employees.
  • Nine universities, including Harvard and MIT, face probes over exchange-visitor visas.

Who is affected and what the PERM block means

Besides the two software makers, the suspension lists Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL and Capgemini, according to TechRadar. Labor Secretary Keith Sonderling put the scope plainly: “We will not accept any new or process any pending permanent labor certification applications involving these companies,” he said, adding that the measures were taken “due to multiple active federal investigations,”.

PERM is the step in which an employer must demonstrate that hiring a foreign worker permanently will not harm American jobs or wages. It matters most at Microsoft: Labor Department figures cited by TechRadar make the company the largest PERM filer in the country, with more than double the volume of Apple, the next biggest tech filer. The allegations remain unproven, and no lawsuit against either company has been reported.

The numbers Vance used against Microsoft

Vance singled out Microsoft. “There has been no company in the United States, unfortunately, that has abused this system more,” the vice president said. He set the company’s layoffs against its visa activity:

6,000workers laid off, a figure TechRadar dates to 2025
6,300H-1B approvals, alongside nearly 3,000 green cards
3,682PERM applications, about 1,000 for roles that appeared to overlap with eliminated jobs

Those totals are Vance’s, and no causal link between the job cuts and the approvals has been established beyond his claim. He also accused some employers of writing job advertisements meant to attract nobody, so that the empty applicant pool could justify bringing in foreign staff at lower pay.

For the outsourcers, Sonderling offered collective figures: applications covering almost three million workers, more than 230,000 approved H-1B visas and over 100,000 permanent labor certifications granted.

How Microsoft answered

When Tom’s Hardware first reported the suspension, none of the companies had commented. Microsoft later issued a response; Adobe and the outsourcing firms have not been quoted.

Vance’s case: layoffs coincided with heavy H-1B and green card use, overlapping PERM filings and job ads allegedly built to fail.

Microsoft’s case: of roughly 6,000 H-1B applications in the last fiscal year, 80% extended or changed the status of current employees; the rest concerned people already legally in the US, equal to 1% of its US workforce, and its pay ranks among the highest of all H-1B filings.

Hours after the announcement, President Trump praised Microsoft CEO Satya Nadella and Elon Musk, both of whom once held H-1B visas.

Part of a wider visa crackdown

The suspension follows a nationwide Labor Department investigation launched last July into fraud and human trafficking in the H-1B and PERM programs. It targets wage kickbacks, coercion, below-wage labor, recruitment abuse and benching, the practice of keeping an H-1B employee on the books without assigning work or pay. In September, Trump signed an executive order aimed at curbing H-1B abuse, and Cognizant had its green card filings suspended that same month. H-1B lottery rules had reportedly already shifted to favor highly skilled, highly paid candidates.

For scale, the National Foundation for American Policy counted these H-1B approvals among large tech employers in fiscal 2025:

Company H-1B approvals, fiscal 2025
Amazon 4,644
Meta 1,555
Microsoft 1,394
Google 1,050

Universities are also in scope. Probes were opened into nine institutions, among them Harvard, Yale, Stanford, Brown and MIT, over exchange-visitor visas allegedly used to undercut American wages and possible foreign influence in federally funded research. Sarah Spreitzer, a vice president at the American Council on Education, warned: “It could have an enormous economic impact on the whole US economy”.

Featured image. Source: Pexels. Credit: Felicity Tai. License: Pexels License.

Rhys Llewellyn

Tech, mobile, apps, streaming, gaming and online safety

Rhys Llewellyn

Rhys Llewellyn covers phones, laptops and smart home gear for Fastweb Media. He spent a few years selling consumer electronics in Cardiff, which taught him that most returns come from setup headaches rather than faulty hardware, and he writes his reviews with that in mind. He tests everything for a few weeks before judging it and plays five-a-side on Thursday nights, badly.