US Firm Breaks PERM Promise: 3 Yrs on H-1B Wasted?

An Indian professional has spent three years in the US on an H-1B visa after receiving repeated assurances about a PERM application. Despite the wait, the promised green card process has not started. Many Indian workers now face similar uncertainty.

Promise Delayed Without Clarity

The H-1B employee said the employer initially promised to start the green card process after two years. That timeline later shifted to three years. With the third year almost over, there is still no progress.

Immigration Scrutiny Adds Pressure

This case comes as US immigration scrutiny has increased. Audits are more frequent now. Employers have become cautious about sponsoring green cards and even H-1B visas, impacting long-term commitments to foreign workers.

PERM Promises Have No Legal Weight

A green card promise is not legally binding unless stated clearly in the employment contract. If PERM exists only as an internal policy, the employer can change its decision. The H-1B worker has little protection in such cases.

Long and Costly Process

PERM is a lengthy and expensive process handled by the US Department of Labor. Even without audits, it can take months or years. For Indian professionals facing visa backlogs, delays disrupt long-term plans in the US.

Job Switch Is Not Simple

Switching jobs under H-1B is also difficult. Transfers face closer review, and employers remain cautious about immigration filings. This situation highlights how fragile an H-1B worker’s future becomes when employer promises fall through.