October 13, 2026

Navigating Recent DOL PERM Suspensions: Strategic Compliance & Action Plan for Employers

By Wendy R. Barlow, Esq. | Partner at Cohen, Tucker + Ades Specializing in Complex Immigration Matters

What Prompted the Recent DOL PERM Suspensions?

On October 8, 2026, the U.S. Department of Labor (DOL) announced direct PERM program suspensions and processing holds affecting major corporate employers. Driven by increased scrutiny over labor market testing, domestic layoffs, and cross-checking public employment filings, the DOL has signaled an aggressive shift in immigration compliance enforcement.

A PERM labor certification is the critical foundation for most EB-2 and EB-3 employment-based green cards. When the DOL issues a PERM suspension or audit freeze, an employer cannot submit new permanent labor applications, and pending PERM filings are placed on administrative pause.

Direct Action Steps: What Employers Should Do Immediately

               ┌──────────────────────────────────────────────┐
               │         DOL PERM Compliance Workflow         │
               └──────────────────────┬───────────────────────┘
                                      │
           ┌──────────────────────────┴──────────────────────────┐
           ▼                                                     ▼
┌──────────────────────┐                              ┌──────────────────────┐
│  Internal Compliance │                              │ Workforce Strategy   │
└──────────┬───────────┘                              └──────────┬───────────┘
           │                                                     │
           ├── 1. Audit Layoffs & Notice of Filing (NOF)        ├── 3. Map H-1B & AC21 Max-Out Dates
           │                                                     │
           └── 2. Standardize Recruitment Audit Files            └── 4. Evaluate PERM-Exempt Alternatives
                                                                    (EB-1, EB-2 NIW)

To shield your corporate sponsorship pipeline and insulate your organization against regulatory flags, HR departments and legal teams should execute the following four-part strategy:

1. Synchronize Layoff Records with PERM Timelines

Under PERM regulations, if an employer has laid off U.S. workers within the preceding 6 months in the same or related occupation and geographic location, they must notify and consider those laid-off U.S. workers before filing a PERM application.

Audit Rule: Cross-reference state WARN notices, internal restructuring logs, and talent acquisition databases against current and planned PERM positions.

2. Standardize & Archive Recruitment Audit Files

Ensure every active recruitment file contains meticulous proof of compliance, including:

Prevailing Wage Determinations (PWD).
Copies of print/electronic recruitment advertisements and Notice of Filing (NOF) posting dates.
Detailed interview notes and legitimate, job-related grounds for rejecting U.S. candidates.
Note: Audit files must be retained and readily accessible for at least 5 years.

3. Audit AC21 Extensions and Max-Out Timelines for H-1B Employees

A PERM suspension does not automatically invalidate existing H-1B visas. However, foreign professionals approaching their 6-year H-1B limit who rely on a pending PERM application to secure 1-year AC21 status extensions are at severe risk.

Action: Audit all foreign national employees approaching their 5th or 6th year of status immediately to build contingency timelines.

4. Transition Eligible Talent to PERM-Exempt Pathways

To avoid workforce disruption and retain critical talent, explore green card classifications that bypass the DOL PERM labor certification entirely:

EB-2 National Interest Waiver (NIW): Ideal for advanced-degree professionals whose work has substantial merit and national importance.
EB-1A (Extraordinary Ability): Self-petitioned route for top-tier researchers, technical directors, and executive leaders.
EB-1B/EB-1C: Employer-sponsored green cards for outstanding researchers and multinational executives that do not require PERM certification.

Frequently Asked Questions

Does a PERM suspension revoke my employees’ existing H-1B visas?

No. A DOL PERM suspension impacts permanent labor certification filings for green cards; it does not automatically revoke approved H-1B petitions, nonimmigrant status, or Labor Condition Applications (LCAs).

Can affected companies still file H-1B status extensions?

Yes. Employers can file standard H-1B extensions up to the 6-year limit. However, post-6th-year AC21 extensions requiring a PERM application to be pending for 365+ days may be jeopardized if filings are paused or denied.

Are previously approved PERM certifications or Form I-140s canceled?

No. The suspension announcement targets new submissions and pending certifications. Previously certified PERM applications and approved I-140 immigrant petitions remain valid unless individually flagged for fraud or misrepresentation.

How Cohen, Tucker + Ades P.C. Helps Employers Navigate PERM Disruptions

Navigating sudden Department of Labor regulatory shifts requires proactive corporate immigration counsel. Founded in 1964, Cohen, Tucker + Ades P.C. brings decades of trial, appellate, and business immigration experience to insulate your company’s workforce.

Here is how our legal team assists corporate clients:

PERM & Layoff Audit Risk Assessments: We conduct comprehensive internal audits cross-referencing your workforce reductions, job descriptions, Notice of Filing procedures, and recruitment records against DOL compliance benchmarks.
Alternative Green Card Strategy Execution: Our team evaluates your sponsored workforce for PERM-exempt green card pathways—including EB-2 NIW, EB-1A, EB-1B, and EB-1C petitions—allowing foreign talent to secure permanent residence without labor certification delays.
AC21 & Nonimmigrant Retention Planning: We audit foreign national employees nearing their 6-year H-1B limits, designing alternative status plans (including O-1, L-1, or international transfers) to protect your key personnel.
Agency Investigation & BALCA Representation: Should your firm face a DOL audit, supervised recruitment order, or administrative appeal, our experienced litigators provide robust legal representation before government agencies.

Protect Your Corporate Immigration Program

Don’t let regulatory changes disrupt your international talent pipeline. Contact the corporate immigration attorneys at Cohen, Tucker + Ades P.C. today to schedule a comprehensive legal audit and strategy consultation.

About the Author

Wendy R. Barlow, Esq.is a Partner at Cohen, Tucker + Ades, P.C. with nearly 20 years of experience in high-stakes immigration litigation. A graduate of the Maurice A. Deane School of Law at Hofstra University, Wendy is admitted to practice in New York and New Jersey as well as before the U.S. Supreme Court and multiple Federal Circuit Courts. Wendy is recognized for her ability to handle cases that many consider insurmountable.

Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.

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