PERM Fraud Alert 2026: Trump Admin Subpoenas Green Card Sponsors in H-1B Crackdown
The Trump Administration has launched a nationwide DOL-OIG investigation into H-1B and PERM fraud, with dozens of subpoenas already issued. Employers sponsoring EB-3 workers face heightened scrutiny across multiple industries.
The Trump Administration has significantly escalated federal enforcement targeting alleged fraud and abuse in the H-1B and PERM labor certification programs. The Department of Labor's Office of Inspector General (DOL-OIG) has confirmed that investigators have already issued dozens of subpoenas as part of a nationwide probe into visa fraud, labor trafficking, and foreign worker exploitation — signaling that enforcement is already well underway, not just planned.
DOL Inspector General Anthony D'Esposito stated that investigators are examining whether employers and labor brokers submitted fraudulent PERM applications, exploited foreign workers through unlawful practices, and disadvantaged U.S. workers. Critically, the investigation also explores potential links between certain labor schemes and transnational criminal enterprises, raising the stakes considerably beyond standard compliance violations.
For EB-3 applicants and their sponsoring employers, this development carries direct implications. The PERM labor certification process is the foundational first step in most EB-3 green card cases, and any employer irregularities in recruitment documentation, prevailing wage determinations, or worksite compliance could jeopardize pending or future petitions. The investigation spans healthcare, technology, and other sectors that commonly utilize EB-3 sponsorship.
Employers are advised to proactively audit their H-1B Public Access Files, verify that sponsored employees are working in approved roles and locations, review wage payment practices, and reassess relationships with third-party staffing vendors. PERM recruitment documentation and supporting audit records should be reviewed for completeness before any government inquiry arrives.
EB-3 applicants should maintain open communication with their sponsoring employers about compliance status. Cases tied to employers under investigation could face delays or additional scrutiny. WR Immigration recommends that employers with any compliance concerns consult experienced immigration counsel immediately rather than waiting for a formal government contact.
The Department of Labor has suspended Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL, and Capgemini from the PERM green card process. New and pending PERM applications for these employers will not be accepted or processed. No end date was announced.
The DOL has halted new and pending PERM applications for Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL, and Capgemini, citing alleged misuse of employment-based immigration programs. Suspensions may last up to 180 days and can be extended during ongoing investigations.
BAL reports the latest PWD and PERM processing times as of October 5, 2026. These DOL timelines are critical for EB-3 applicants planning their green card filing strategy amid ongoing priority date retrogression.