Short answer: No, the H-1B visa has not been cancelled. If you hold an H-1B today, you can keep working for your sponsoring employer. What has changed is the road to a green card. In October 2026 the US Department of Labor stopped accepting and processing PERM labor certifications for eight large employers, the queue for Indian applicants is still processing priority dates from 2013, and visa stamping now has to happen in India. This guide explains how the system works, what each change means for you, what to do now, and how many Indian families are setting up a second residence in the UAE without giving up their US careers.
Key takeaways
- Existing H-1B visas and status are valid. No blanket cancellation has been announced.
- In October 2026, PERM filings were suspended for Microsoft, Adobe, Tata Consultancy Services, Infosys, Wipro, HCLTech, Cognizant and Capgemini. New filings are not accepted and pending ones are on hold.
- The workers most exposed are those approaching the six-year H-1B limit without an approved I-140.
- Since September 2025, US visa interviews must take place in your country of nationality or residence. For most Indians that means India, where H-1B appointment waits have run to many months.
- The Indian EB-2 green card queue is processing priority dates from November 2013 (October 2026 Visa Bulletin).
- A UAE Golden Visa through property gives 10 years of residency for you, your spouse, children and parents, with no minimum stay, so it can sit alongside a US career.
How the H-1B to green card path works
Most of the confusion in the news comes from mixing up different stages of the process. Each stage is handled by a different agency, and a problem at one stage does not automatically affect the others.
| Stage | Who decides | What it does |
|---|---|---|
| H-1B petition and status | USCIS | Lets you work in the US for one sponsoring employer, usually in 3-year periods up to a 6-year total. |
| Visa stamp in your passport | US State Department (embassy or consulate) | Lets you travel back into the US. Your status inside the US can be valid even when the stamp has expired. |
| PERM labor certification | US Department of Labor | The employer shows there is no qualified US worker for your role. The filing date usually becomes your priority date, your place in the green card queue. |
| I-140 immigrant petition | USCIS | The employer petitions for you as a future permanent resident. Once approved for 180 days, you generally keep your priority date even if you change jobs. |
| Green card (I-485 or consular processing) | USCIS or State Department | Only possible when your priority date is current in the monthly Visa Bulletin. |
The six-year limit and why PERM timing matters
H-1B status is normally capped at six years. Two provisions of the American Competitiveness in the Twenty-First Century Act (AC21) allow extensions beyond that:
- One-year extensions when a PERM or I-140 was filed at least 365 days before you reach the six-year limit.
- Three-year extensions when you have an approved I-140 but cannot file for the green card because of the per-country limit, which applies to almost every Indian applicant.
This is why a freeze at the PERM stage matters most to people in years four to six who do not yet have an approved I-140.
What changed between 2025 and 2026
The rules did not change in one step. They tightened over thirteen months.
| Date | Change | Status (October 2026) |
|---|---|---|
| September 2025 | Visa applicants must interview in their country of nationality or residence. Third-country stamping is no longer a routine option. | In force; guidance reaffirmed July 2026 |
| September 2025 | Presidential proclamation adds a one-time $100,000 payment on new H-1B petitions for workers outside the US. | Vacated by a federal court in June 2026; appeal pending; proclamation renewed to September 2027 |
| Late 2025 | Online presence checks for H-1B applicants; many India appointments pushed back by months. | Ongoing; long waits at Indian consulates |
| September 2026 | DHS proposes removing the discretionary 60-day grace period after a job ends. | Proposed rule; comments close 10 November 2026 |
| September 2026 | Executive order tells agencies to weigh an employer’s recent or planned layoffs when reviewing H-1B filings. | In force |
| October 2026 | Department of Labor suspends PERM for eight named employers. | In force; no end date announced |
The October 2026 PERM suspension
The Department of Labor said it would neither accept new nor process pending permanent labor certification applications involving Microsoft, Adobe, Tata Consultancy Services, Infosys, Wipro, HCLTech, Cognizant and Capgemini. Law firms tracking the action point to 20 CFR 656.31, which allows the department to pause PERM cases while it investigates possible fraud or willful misrepresentation. Officials cited investigations into alleged misuse of H-1B and PERM. No final findings have been announced.
Under that rule an initial suspension can last up to 180 days and can be extended while an investigation or court case continues. Employers responded differently: TCS said its PERM applications were in single digits over the last two years, and Nasscom said the number of employees moving from H-1B to permanent residency through these firms is limited. For an individual employee, though, the question is not how many filings the company makes but whether your own case is one of them.
Headlines versus facts
| What you may have read | What is true |
|---|---|
| “The US has banned Indians from visas.” | There is no ban on Indians. All nationalities must now interview in their home country or country of residence. |
| “H-1B is cancelled.” | Existing H-1B visas and status remain valid. |
| “Green cards have stopped.” | The suspension covers the PERM step at eight named employers. Other employers can still file. |
| “Everyone now pays $100,000.” | The fee targeted new petitions for workers abroad and has been vacated by a federal court. Extensions, transfers and changes of status inside the US were never covered. |
Where do you stand? Risk by situation
| Your situation | Risk | What it means |
|---|---|---|
| You hold an H-1B with any employer | Low | Your status remains valid. Keep your documents current. |
| Your employer is one of the eight and your green card has not started | High | New PERM filings are not accepted, so your green card clock cannot start with this employer for now. |
| Your PERM is pending with one of the eight | Medium to high | Processing is paused. Get your filing date and case status in writing. |
| You have an approved I-140 | Lower | The I-140 is a USCIS stage. Approved I-140s generally support three-year extensions past six years. |
| You are near the six-year limit without an approved I-140 | High | Extensions usually depend on a PERM filed in time. Speak to an immigration attorney first. |
| Your spouse works on an H-4 EAD | Watch | Still valid. Rescinding H-4 work authorization is listed as a long-term item on the DHS regulatory agenda; no rule has been published. |
| You are laid off | Watch | You currently have up to 60 days to find a new sponsor or change status. DHS has proposed removing this. |
| You need a new visa stamp | High | Stamping must happen in India, where H-1B waits have run to several months. Avoid non-essential travel without a confirmed appointment. |
The green card backlog for Indians in numbers
Every country is limited to 7% of employment-based green cards each year. Because Indian nationals receive more than 70% of approved H-1B petitions in recent years (USCIS data), Indian applicants face the longest queue of any country.
| Category (India) | Final action date, October 2026 Visa Bulletin |
|---|---|
| EB-1 (priority workers) | 1 February 2023 |
| EB-2 (advanced degree) | 1 November 2013 |
| EB-3 (skilled workers) | 1 January 2014 |
In practice, an Indian professional whose EB-2 case is filed today joins a queue that is currently clearing cases filed about 13 years ago. Check the current Visa Bulletin each month, because these dates move.
What to do in the next 30 days
Get your case status in writing. Ask HR for your PERM filing date, I-140 receipt or approval notice, and your priority date.
Map your deadlines. Note your H-1B end date, your six-year limit, your spouse’s EAD expiry and your children’s visa dates.
Speak to a licensed immigration attorney, especially if you are near year six, have a pending PERM, or plan to change jobs.
Organise your documents. Passports, I-797 approval notices, pay slips, degrees and children’s school records, scanned and stored where your family can reach them.
Hold off on travel to India unless you have a confirmed stamping appointment.
Check self-filed routes. EB-2 National Interest Waiver and EB-1A do not need PERM or an employer sponsor, although they still wait in the Indian queue.
Build a cash buffer. If the grace period is removed, a layoff could mean leaving the US quickly.
Secure a second base for your family that does not depend on one employer or one country’s next policy decision.
Plan B: why Indian families are looking at the UAE Golden Visa
A Plan B does not mean leaving the US. It means your family’s residency, your children’s schooling and your parents’ visits are not tied to a single employer’s paperwork. Dubai is the most common choice for Indian families because it is a 3 to 4 hour flight from Mumbai, Delhi, Bengaluru and Hyderabad.
| Topic | Life on an H-1B | UAE Golden Visa through property |
|---|---|---|
| Tied to | One employer’s sponsorship | A property you own, not your job |
| Duration | 6 years, extendable only with green card progress | 10 years, renewable while you hold qualifying property |
| If you lose your job | Up to 60 days to find a sponsor or leave (proposed to be removed) | Residency unaffected |
| Family | Spouse’s work permit under review; parents need visitor visas | Spouse, children and parents can be sponsored for 10 years |
| Distance to India | 16 to 20+ hours | 3 to 4 hours |
| Personal income tax | Federal and state | None in the UAE |
| Minimum stay | Long absences can disrupt status | No minimum stay requirement |
| Business | Cannot freelance or run a side business on H-1B | Most companies can be 100% foreign-owned |
Two things the Golden Visa is not: it is not a path to UAE citizenship, and it does not affect your US status. If you are on a US green card path, speak to your attorney about how long trips abroad could affect it.
How the property route works
Dubai grants a 10-year Golden Visa to owners of property valued at AED 2,000,000 or more (about USD 544,600 at the fixed rate of 3.6725). Several properties can be combined to reach the threshold. Following a Dubai Land Department policy change in February 2026, as reported by UAE advisers, eligibility is based on the property’s registered value, and buyers no longer need to have paid 50% before applying. That means off-plan homes on developer payment plans can qualify, subject to developer approval and a valid Oqood registration.
| Item | Approximate amount |
|---|---|
| Minimum property value | AED 2,000,000 (about USD 544,600) |
| 10% down payment on an AED 2M off-plan home | AED 200,000 (about USD 54,500) |
| 20% down payment | AED 400,000 (about USD 108,900) |
| Dubai Land Department fee (4% of price) | AED 80,000 (about USD 21,800) |
| Golden Visa government fees, main applicant | About AED 9,900 (about USD 2,700) |
| Each family member, 10-year visa | About AED 5,800 (about USD 1,600) |
| Processing time once documents are complete | Usually 2 to 4 weeks |
Not every AED 2 million unit qualifies. The developer, the project and the paperwork all matter, and final approval rests with the UAE authorities. Check eligibility on the specific unit before you commit.
The process, step by step
- Set your budget and timeline, including the down payment, the 4% DLD fee and visa costs for each family member.
- Shortlist Golden Visa eligible properties from RERA-registered developers.
- Reserve and sign the sales agreement. Most steps can be completed remotely.
- Register the purchase with the Dubai Land Department (Oqood for off-plan, title deed for ready property).
- Apply for the Golden Visa through GDRFA, then complete the medical test and Emirates ID for each family member.
Talk to us
Veer & Sant is a RERA-licensed real estate brokerage in Dubai. We help Indian professionals in the US find Golden Visa eligible homes, check eligibility on each unit before they commit, and handle registration and visa paperwork on the ground.
Free, no-obligation consultation · RERA-licensed brokerage · Dubai-based team
FAQ
Has the H-1B visa been cancelled for Indians?
No. Existing H-1B visas and status remain valid, and there is no ban on Indian nationals. The changes affect green card processing at certain employers, the location of visa interviews, and new petitions for workers outside the US.
Which companies are affected by the PERM suspension?
Microsoft, Adobe, Tata Consultancy Services, Infosys, Wipro, HCLTech, Cognizant and Capgemini, as announced by the Department of Labor in October 2026.
How long will the PERM suspension last?
No end date has been announced. The rule cited by law firms allows an initial suspension of up to 180 days, which can be extended while an investigation continues.
Can I still extend my H-1B beyond six years?
Usually yes if you have an approved I-140, or if a PERM or I-140 was filed at least 365 days before your six-year limit. If your PERM was never filed or is frozen, speak to an immigration attorney now.
Does the $100,000 H-1B fee apply to me?
It was aimed at new H-1B petitions for workers outside the US and has been vacated by a federal court, with an appeal pending. Extensions, transfers and changes of status filed inside the US were not covered.
Can I get my H-1B visa stamped in Dubai or another country?
Not routinely. Since September 2025, applicants must interview in their country of nationality or residence. Fees paid for an appointment elsewhere are non-refundable.
Can I hold a UAE Golden Visa while working in the US?
Yes. The UAE Golden Visa has no minimum stay requirement, so you can keep working in the US. If you are pursuing a US green card, check with your attorney how time abroad could affect your case.
How much do I need to get a UAE Golden Visa through property?
The property must be valued at AED 2 million or more. With an off-plan payment plan, buyers typically start with a 10 to 20% down payment (about USD 54,500 to 108,900) plus the 4% Dubai Land Department fee.
Can my parents live in the UAE on my Golden Visa?
Yes. A property Golden Visa holder can sponsor a spouse, children and parents for the full 10 years, subject to medical tests, health insurance and the usual documents.
