On October 8, the Department of Labor (DOL) suspended eight companies from the PERM labor certification program: Microsoft, Adobe, Infosys, Tata Consultancy Services, Wipro, Cognizant, HCL Technologies, and Capgemini. DOL announced that it will not accept new or process pending PERM applications involving these companies. According to DOL, Microsoft and Adobe were suspended because of multiple active federal investigations, while the other six IT companies were included as part of a broader enforcement initiative.
We do not know all the details behind the suspensions, and this alert is not suggesting that any of these companies engaged in wrongdoing. However, it is worth noting that the action came before any announced finding of a violation, which underscores how important it is to follow the PERM rules carefully — using well-supported job duties and requirements, conducting good-faith recruitment, and documenting the recruitment results. We have always taken a conservative approach to PERM and will continue to do so.
The suspensions are also another sign that this Administration is stepping up immigration enforcement—not only in PERM, but in work visas, I-9 compliance, and other immigration-related processes. Fortunately, our conservative approach has served us and our clients well, especially in unpredictable times.