The US immigration landscape remains uncertain for employment-based applicants as government shutdown concerns, ongoing H-1B fee litigation and new restrictions affecting employment-based green cards create challenges for employers and foreign workers.
Government Shutdown and Immigration Processing
The federal shutdown reportedly began on 1 October 2026. Shutdown-related disruptions may affect certain government services, including employment-based immigration processes involving the Department of Labor (DOL).
However, the DOL’s official processing-time page continues to publish updates, so applicants should verify the operational status of specific services before assuming that all labor certification processing has stopped. Official DOL processing updates.
$100,000 H-1B Fee Remains Blocked
As of 8 October 2026, the proposed $100,000 H-1B fee remains blocked following federal court decisions, with legal proceedings continuing. Employers should monitor further court orders and official government announcements before determining whether the fee applies to a particular petition. University of Michigan update.
Major Green Card Development for IT Companies
A separate development on 8 October 2026 concerns the suspension of several major technology companies from the PERM labor certification programme, an important step in many employment-based green card cases. Reported affected companies include Infosys, TCS, Wipro, HCLTech and Cognizant.
Affected employers and employees should seek case-specific guidance to understand how the reported restrictions may affect pending or future sponsorship applications. Reuters report.
What Should Applicants Do?
- Employers should verify current DOL filing and processing arrangements.
- H-1B applicants should check the latest fee-related court decisions.
- Employment-based green card applicants should confirm whether their sponsoring employer is affected by any PERM restrictions.
- Applicants travelling from India should check official US Embassy and consular announcements before making travel plans.
Key Takeaway
Government service disruptions, H-1B fee litigation and reported PERM restrictions are separate developments. Their effects depend on the relevant visa category, employer and individual case. Always verify the latest official requirements before filing an application or making immigration decisions.
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