2026 DOL PERM Freeze Alert: Three Immigration Enforcement Actions Reshaping Employer Hiring

The U.S. Department of Labor has frozen all new Permanent Labor Certification (PERM) applications from several major IT and tech companies as part of a joint investigation with the White House Fraud Task Force. The investigation centers on allegations of wage suppression, fraudulent recruitment processes, and systemic misuse of H-1B visas and the PERM labor certification process—a critical step in the EB-3 green card pathway. Simultaneously, the U.S. Department of State has paused all immigrant visa applications filed from outside the United States. The agency is also preparing to revoke up to 200,000 business and tourism visas held by individuals who have sought asylum, signaling a sweeping tightening of visa enforcement across multiple categories. In a separate development affecting agricultural employment, a federal court ruled that the DOL's Adverse Effect Wage Rate (AEWR) methodology for H-2A farmworkers is unlawful. The ruling requires DOL to recalculate wage rates and may expose employers to back-pay liability for wage differences paid under the now-invalidated methodology. For EB-3 applicants sponsored through IT or tech employers, the PERM freeze is the most immediate concern. Applications already submitted may face prolonged delays or additional scrutiny, while new filings from affected companies are on hold indefinitely. Applicants are advised to confirm with their employer and immigration attorney whether their sponsoring company is impacted. Employers navigating these developments should consult employment counsel to assess exposure from ICE enforcement visits, PERM audit risk, and H-2A wage compliance obligations.