Abstract:
The U.S. government recently announced that it will suspend Microsoft, Adobe and a number of large information technology companies from participating in the "Permanent Labor Certification Program (PERM)". This program is a key link in the process for technical talents to apply for U.S. employment-based immigration green cards. This move immediately attracted widespread attention in the technology industry and immigration fields.
According to information announced by U.S. Vice President J.D. Vance and Secretary of Labor Keith Sonderling, in addition to Microsoft and Adobe, affected companies include Capgemini, Cognizant, HCL, Infosys, Tata Consultancy Services (TCS), Wipro and other large global IT services companies.
The U.S. government stated that the reason for taking this measure is that it suspects that relevant companies have committed fraud in the use of skilled immigration projects, and believes that some companies rely too much on foreign talents without prioritizing the domestic labor market in the United States.
Vance said at the press conference that the U.S. government hopes that large technology companies will recruit more American employees. He specifically named Microsoft, saying that the company is a great American company, but it must prioritize hiring American workers.
The U.S. Department of Labor also announced that it will no longer accept new permanent labor certification applications from these companies and will not continue to process related pending applications. This means that affected companies will temporarily be unable to apply for permanent residence status based on employment relationships for foreign employees through this channel.
PERM permanent labor certification is an important part of the U.S. employment-based immigration system. According to current procedures, companies need to first prove to the Department of Labor that they cannot find qualified and willing U.S. workers to perform relevant jobs, and then they can start the green card application process for most employment-based immigrants for foreign employees.
The technology industry has long been a significant user of the program. Many large technology companies introduce software engineers, artificial intelligence researchers and other high-tech talents through the H-1B work visa, and further help employees apply for permanent residence through the PERM program.
The US government pointed out that these suspended companies alone have applied to bring in millions of foreign workers since 2009, and have obtained more than 200,000 H-1B visa approvals and more than 100,000 permanent labor certifications. The government believes this situation is already having an impact on local jobs in the United States.
In addition to technology companies, Vance also announced that the U.S. government will investigate nine universities, including Harvard, Yale and Stanford, to examine whether they abuse international student and exchange visit programs to lower wages for American workers.
As of the time of the report, neither Microsoft nor Adobe had publicly responded to this decision.
Analysts believe that this action is an important part of the U.S. government’s recent policy of strengthening skilled immigration review. If the suspension continues for a long time, it may not only affect the recruitment plans of a large number of technology companies that rely on foreign highly skilled talents, but may also change the long-term talent flow pattern of the US technology industry. For foreign technology practitioners who are waiting for green card approval, future career planning and immigration arrangements may also face more uncertainty.
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