Green Card Routes That Don’t Require PERM: EB-2 NIW and EB-1 Explained

Thousands of workers at some of the country’s largest technology companies just lost their path to a green card, at least for now. On October 8, 2026, the Department of Labor announced that it is suspending the PERM labor certification program for eight major employers, including Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL, and Capgemini. Many of these companies have offices in Massachusetts, and the workers affected now face real uncertainty about their immigration futures. The good news is that PERM is not the only way to get a green card through employment, and for professionals who qualify, other routes may actually be stronger. If you or someone in your family has been affected, an immigration lawyer can review your options and help you find the right path forward. Talk to a green card lawyer at Brooks Law Firm today by calling (617) 245-8090 for a free consultation.

This article breaks down what the PERM suspension means, which green card categories do not require PERM at all, and what steps affected workers should consider now.

What PERM Is and Why the Suspension Matters

PERM, which stands for Program Electronic Review Management, is the labor certification process that the Department of Labor requires for most EB-2 and EB-3 employer-sponsored green cards. It is designed to test the U.S. labor market and demonstrate that no qualified U.S. worker is available for the position. PERM is typically the first step in a long, multi-stage green card process that moves from the employer to the DOL, then to USCIS through an I-140 immigrant petition, and eventually to the final green card application.

The suspension announced on October 8, 2026, blocks the named companies from filing new PERM applications and halts processing on cases already pending. Vice President JD Vance and Labor Secretary Keith Sonderling made the announcement at a White House press conference, citing active federal investigations into alleged fraud and concerns about the use of employment-based immigration programs while these companies were simultaneously conducting workforce reductions.

This action follows earlier PERM suspensions against Cloudera in May 2026 and Cognizant in September 2026, and represents a significant escalation of the current administration’s scrutiny of employer-sponsored immigration. Under DOL’s PERM regulations (20 CFR § 656.31(b)), an initial suspension may last up to 180 days and can be extended while an investigation or judicial proceeding remains unresolved. Workers at these companies should not assume that processing will resume on any set timeline.

It is important to understand what the suspension does and does not do. The PERM freeze does not revoke anyone’s existing H-1B status, cancel previously approved labor certifications, or affect work authorization that workers already hold. What it does is block the first step in the employer-sponsored green card process, leaving workers who were counting on their company to sponsor them without a clear path forward through that particular route.

Related: USCIS Changes to I-485: What That Means for Green Card Applicants

Green Card Routes That Do Not Require PERM

Not every employment-based green card depends on an employer completing the PERM process. Two categories in particular, EB-2 NIW and EB-1, skip the labor certification requirement entirely. For professionals with strong qualifications, these paths may not only be available alternatives, they may be better fits.

EB-2 National Interest Waiver (NIW): The Self-Petition Option

The EB-2 National Interest Waiver is one of the most significant alternatives for workers who have lost access to employer-sponsored PERM. Under a standard EB-2 green card, the employer files a PERM application, then submits an I-140 petition on the worker’s behalf. The NIW changes that equation by allowing the worker to file the I-140 petition on their own, without an employer sponsor, without a job offer, and without PERM.

USCIS evaluates NIW petitions under a three-part framework established in the 2016 precedent decision Matter of Dhanasar:

• Prong 1: The applicant’s proposed work has substantial merit and national importance.
• Prong 2: The applicant is well positioned to advance the proposed endeavor.
• Prong 3: It would benefit the United States to waive the job offer and labor certification requirements.

Before the NIW analysis begins, the applicant must first qualify for the underlying EB-2 category through one of two routes: holding an advanced degree (a master’s or higher, or a bachelor’s plus five years of progressive experience in the field), or demonstrating exceptional ability in the sciences, arts, or business.

The NIW may be particularly relevant to tech workers affected by the PERM suspension because many hold advanced degrees and work in fields, such as artificial intelligence, cybersecurity, data science, and software engineering, that may align well with areas USCIS has recognized as having national importance. That said, USCIS has applied heightened scrutiny to NIW petitions since a January 2025 policy update, and approval rates have declined significantly. A strong petition requires specific, well-documented evidence that ties the applicant’s individual work to a concrete national benefit, not generic claims about the importance of one’s field.

The I-140 filing fee for an EB-2 NIW petition is $715 as of 2026, and premium processing (a guaranteed USCIS response within 45 business days) is available through Form I-907 for an additional $2,965.

Related: Marriage-Based Green Card Guide: I-130 & I-485 Step-by-Step

EB-1: For Those at the Top of Their Field

The EB-1 category is the first-preference employment-based green card and is reserved for individuals who have reached the highest levels of their profession. Like the NIW, certain EB-1 subcategories do not require PERM, and they carry the additional advantage of being a higher-priority visa category, which can mean shorter wait times when priority dates are current.

There are three EB-1 subcategories, each with different requirements:

EB-1A: Extraordinary Ability

This is the strongest self-petition option available. EB-1A is for individuals who have demonstrated extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. No employer, no job offer, and no PERM are required.

Applicants must meet at least three of ten evidentiary criteria established by USCIS, which include things like receiving major awards, published work in professional journals, evidence of original contributions of major significance to the field, and a high salary relative to others in the field. Meeting three criteria is necessary but not sufficient. USCIS then conducts a final merits determination to evaluate whether the totality of the evidence demonstrates that the applicant has risen to the very top of their field.

The bar for EB-1A is high, but for senior researchers, principal engineers, published scientists, and leaders in specialized technical fields, it may be attainable.

EB-1B: Outstanding Professors and Researchers

EB-1B targets professors and researchers who have achieved international recognition for outstanding achievements in a specific academic field. Unlike EB-1A, EB-1B does require an employer to file the petition and a qualifying job offer, either a tenured or tenure-track position at a university, or a comparable permanent research position at a private employer that maintains at least three full-time research positions in the department. However, it does not require PERM labor certification.

Applicants must demonstrate at least two of six evidentiary criteria and show at least three years of research or teaching experience in the academic field. The evidentiary standard is lower than EB-1A (“outstanding” rather than “extraordinary”), which may make it a practical option for researchers at companies or institutions with significant R&D operations.

EB-1C: Multinational Managers and Executives

EB-1C applies to managers and executives who are being transferred from a qualifying foreign office to a U.S. office of the same organization or its affiliate or subsidiary. It requires an employer to file and involves specific qualifying relationships between the foreign and U.S. entities, as well as minimum periods of overseas employment. This category does not require PERM, but it is employer-dependent and has its own set of complex eligibility requirements.

Related: Family Visa Dates Jump in September 2026 Bulletin

Family-Based Green Cards: Another Path Worth Exploring

For workers whose employer-sponsored green card has stalled, a family-based petition may be a viable alternative depending on personal circumstances. If you are married to a U.S. citizen, for example, you are classified as an immediate relative under immigration law, and a green card is always available in that category without the multi-year backlogs that affect many employment-based categories.

Spouses, parents, and children of U.S. citizens and lawful permanent residents may be eligible to file family-based petitions. For workers who have been living in the United States on an H-1B or another nonimmigrant visa, adjustment of status may be possible without leaving the country, although USCIS has applied increased scrutiny to adjustment of status applications since its May 2026 policy memorandum (PM-602-0199), which directs officers to treat adjustment of status as a discretionary benefit rather than a routine step.

A Massachusetts immigration attorney can help evaluate whether a family-based petition makes sense alongside or instead of an employment-based strategy.

New Policies Are Coming Out Every Day, and Many May Not Survive Legal Challenge

The PERM suspensions are part of a broader wave of immigration enforcement actions that have rolled out rapidly over the past year. From the adjustment of status policy memo to escalating scrutiny of H-1B filings, the landscape is shifting fast. Federal lawsuits challenging some of these policies are expected, and several earlier enforcement actions have already been struck down or modified by federal courts.

That is precisely why individual legal advice matters more now than it has in years. The policies affecting your case today may look different a month from now, and the right strategy depends on the specifics of your situation, not general information from your employer’s HR department or an online forum. An experienced immigration attorney can help you understand which rules apply to your case right now, which may change, and what you can do to protect yourself in the meantime.

What to Do if You Have Been Affected

If your employer’s PERM filing has been suspended, or if you were planning to begin the employer-sponsored green card process and now face uncertainty, here are the steps worth taking now:

• Understand your current status. The PERM suspension does not affect your existing H-1B status or work authorization. Your ability to continue working is not immediately at risk.
• Evaluate alternative green card paths. An EB-2 NIW self-petition, an EB-1 petition, or a family-based application may be available to you. Each has different requirements and timelines, and an attorney can assess which ones fit your qualifications.
• Do not wait to see what happens. Immigration timelines are long, and the sooner you begin exploring alternatives, the more options you preserve. Filing an I-140 under the NIW, for example, can generally lock in a priority date even while the case is being adjudicated.
• Get advice specific to your situation. The guidance your employer gives you is about your employer’s situation, not yours. Your green card strategy should account for your full immigration history, your qualifications, your family circumstances, and the specific risks you face.

Related: Green Card Through Marriage on Tourist Visa: Rules and Risks

Talk to Brooks Law Firm About Your Green Card Options

The PERM suspension is unsettling, but it does not mean your green card process has to stop. For many professionals, the EB-2 National Interest Waiver or EB-1 categories may offer a stronger, more independent path, one that does not depend on a single employer’s willingness or ability to sponsor you.

Brooks Law Firm helps individuals across Massachusetts navigate complex employment-based and family-based green card cases. If you or someone you know has been affected by the PERM suspension, reach out to Brooks Law Firm today to schedule a free consultation. We will give you an honest look at where you stand and what your options are. Call (617) 245-8090 now.