PERM Crisis: H1B Holders Face Green Card Nightmare!

A senior data scientist in the energy sector is facing a precarious situation regarding his H1B visa, which is set to expire in October 2026. Recently, he took to social media to share the challenges he is encountering with the PERM process, a crucial step toward obtaining a green card. His application has hit a significant roadblock due to the discovery of a qualified candidate during the recruitment phase, which has effectively halted his timeline. This unexpected turn of events has left him and many others in similar situations feeling anxious about their future in the United States.

The PERM process, or Program Electronic Review Management, is essential for foreign workers seeking permanent residency through employment. It involves several steps, including obtaining a prevailing wage determination and conducting recruitment efforts to ensure no qualified U.S. workers are available for the position. As processing times for PERM applications have been extending—now averaging around 363 days—many applicants are finding themselves in a race against time. If the PERM application is not filed and approved before reaching critical deadlines, such as the expiration of an H1B visa, individuals risk losing their legal status in the U.S.

For H1B visa holders like the data scientist, timely filing of the PERM application is crucial for extending their stay beyond the usual six-year limit. According to immigration experts, if a PERM application has been pending for at least 365 days before the H1B expiration date, it can allow for one-year extensions until a green card is obtained. However, with delays becoming more common and the recruitment process taking longer than anticipated, many are left scrambling to secure their status while navigating complex immigration regulations.

This situation underscores the broader implications of immigration policy and its impact on skilled professionals in the U.S. As companies increasingly rely on foreign talent to fill critical roles, delays in processes like PERM can hinder workforce stability and innovation. The data scientist's experience serves as a reminder of the challenges faced by many in similar positions and highlights the need for more efficient immigration processes that can adapt to the evolving demands of both workers and employers.