H-1B Limit Ends, Company Layoffs Keep PERM in Limbo

An H-1B holder is facing a serious career bottleneck. Their H-1B status expires in early 2027, leaving you with less than two years of work authorisation and very limited time to secure a long-term immigration solution.

PERM Process Stalled

Corporate layoffs in the company have paused the PERM labour certification indefinitely. The employer already obtained the Prevailing Wage Determination (PWD), but refuses to conduct the required labout market test for the application process.

Layoffs Creating Immigration Stress

In many industries, companies cannot legally file a PERM while laying off US workers. This situation leaves you feeling uncertain and anxious, especially when you are approaching the end of the six-year H-1B visa limit.

Risks Of Changing Employers

Switching employers at this stage of the H-1B cycle carries real risks. Most companies require a three to six month performance review before starting the green card process, which reduces your already limited timeline.

PWD Expiry Pressure

PWDs from previous employees expire on June 30th every year. You must file the PERM application before that date. Missing this deadline means restarting the entire green card process from the beginning.

Considering Backup Options

Experts advise the H-1B holder to prepare a Plan B, including employment opportunities in the home country. Your visa can extend beyond the six-year limit if an employer files a green card petition and the I-140 remains pending for one year.

National Interest Waiver Option

The H-1B holder must immediately consult an immigration attorney and explore the National Interest Waiver (NIW) application. This option is commonly filed with the EB-2 visa and does not require employer sponsorship.

Approval Challenges

The NIW process remains difficult to secure. You must prove your work has substantial merit and national importance. Approval rates remain low, which makes strong documentation and preparation extremely important.