EB-3 Immigration FAQ

Yes. The Department of Labor has frozen all new PERM applications from several major IT and tech companies as part of a joint investigation with the White House Fraud Task Force. The probe centers on allegations of wage suppression and fraudulent recruitment. If your sponsoring employer is in the IT or tech sector, confirm with your immigration attorney immediately whether your company is among those affected, as new filings are on hold indefinitely and pending applications may face additional scrutiny or delays.

Your immigration attorney or employer's HR team should be able to confirm whether your sponsoring company is named in the DOL investigation. The freeze specifically targets major IT and tech firms flagged for alleged PERM and H-1B misuse. If your company has not received a specific notice from DOL or your attorney, your case may not be directly impacted — but close monitoring is strongly advised given the broad scope of the enforcement action.

The DOL published updated Prevailing Wage Determination (PWD) and PERM labor certification processing time benchmarks for September 2026. PWD delays at the National Prevailing Wage Center add months before a PERM application can even be filed, while PERM adjudication times determine when you can lock in a priority date. Practitioners are advised to consult the DOL FLAG system directly for the most current figures, as backlogs can shift significantly month to month.

OFLC launched a new Records Management page on its Foreign Labor Certification website providing centralized guidance on document retention requirements for PERM cases. Employers sponsoring EB-3 workers are legally required to retain recruitment documentation and audit files for a prescribed period. This resource helps sponsors understand their obligations and organize records proactively — which is especially critical if a case is selected for a DOL audit, where failure to produce documentation can result in denial or debarment.

If your employer is selected for a DOL audit during or after the investigation period, they must produce all recruitment records, job postings, resumes reviewed, and PERM application materials. Failure to provide complete documentation can result in PERM denial or employer debarment from future sponsorship. If your case is active and your employer is under scrutiny, work with your immigration attorney immediately to ensure all records are organized and audit-ready.

OFLC issued a notice on September 18, 2026 regarding its Foreign Labor Certification website. While full details of the specific notice were not confirmed, employers and attorneys managing active PERM cases should monitor the OFLC site for any scheduled maintenance windows or system outages that could affect filing deadlines. Plan filings proactively around any announced downtime to avoid missing critical dates.

The U.S. Department of State has paused all immigrant visa applications filed from outside the United States as of this reporting period. This pause directly affects EB-3 applicants who are consular processing abroad rather than adjusting status inside the US. If you are outside the US awaiting a visa interview, expect significant delays until the pause is lifted. Applicants inside the US pursuing adjustment of status via I-485 are not directly affected by this consular pause.