Microsoft Defends H-1B Visa Use After US Suspends Green Card Filings

The United States has suspended Microsoft from the Permanent Labor Certification Program (PERM), a process employers must complete before sponsoring a foreign worker for a Green Card. This decision was announced by Vice President JD Vance and Labor Secretary Keith Sonderling on October 8 at a press conference in Washington. The Labor Department will no longer accept new PERM applications from Microsoft or process those already pending.

Vance criticized Microsoft as the worst offender, alleging the company laid off around 6,000 American workers in the previous year while employing 6,300 people on H-1B visas and securing nearly 3,000 Green Cards. Microsoft, in response, stated that the majority of its US employees are American. An anti-fraud task force led by Vance investigated Microsoft, claiming the company misrepresented its needs to replace American staff with cheaper foreign hires.

Microsoft reportedly filed the most PERM applications, making it the largest filer of such applications according to Labor Department data. The suspension will last until the company addresses the issues raised, although the exact requirements for reinstatement were not specified. The move is part of a broader crackdown on skilled-worker visas ahead of the November midterms, which introduced a one-time $100,000 fee for new H-1B petitions in September.