DOL Suspends PERM Processing for 8 Tech Companies: 2026 EB-3 Enforcement Alert

The U.S. Department of Justice (DOJ) and Department of Labor (DOL) have launched aggressive enforcement campaigns targeting technology sector employers over their PERM (Permanent Labor Certification) recruitment practices. On October 8, 2026, DOL Secretary Keith Sonderling announced at a White House Fraud Task Force event that PERM processing has been fully suspended for eight major technology and IT services companies, halting both new filings and pending applications. At the center of enforcement is a recurring compliance failure: companies maintaining separate, more burdensome application channels for PERM-related positions rather than integrating them into standard career portals. DOJ's Civil Rights Division has treated this pattern as evidence of citizenship status discrimination under 8 U.S.C. § 1324b, which prohibits employers from favoring foreign workers over protected individuals — including U.S. citizens, lawful permanent residents, and asylum holders — during PERM recruitment. For EB-3 applicants sponsored by tech employers, these suspensions can create serious delays or outright termination of their green card timelines. PERM certification is a mandatory prerequisite before an I-140 immigrant petition can be filed, meaning any employer under suspension cannot advance their employees' cases regardless of priority date or processing stage. New PERM regulations are also on the horizon. A March 2026 update already raised prevailing wage requirements for PERM positions, and a second proposed rule noticed in July 2026 aims to further 'modernize' the application process. Employers should expect stricter compliance standards that could affect how and when EB-3 sponsorships are initiated. EB-3 applicants currently being sponsored by large tech firms should consult with immigration counsel to assess whether their employer is among the suspended companies and to understand contingency options. Those in early stages of the PERM process should monitor DOL announcements closely as new rulemaking takes shape.