This guide is for people whose green card runs through an employer that can't file PERM applications for a while. That happens two ways. DOL can bar an employer by notice. An employer can also agree to stop filing in a settlement, as Cloudera did with the Justice and Labor Departments on October 13, 2026. Either way, the bar stops new PERM filings by that employer. It doesn't stop your H-1B, and it doesn't take away a priority date you already hold.
Two kinds of bar
A notice from DOL. Under 20 CFR 656.31(f), DOL can bar an employer, attorney or agent "for a reasonable period of no more than three years". These are on DOL's debarment lists, which PERM Tracker's debarments page gathers in one place for PERM, H-1B, H-2A and H-2B.
A promise in a settlement. Cloudera agreed to "self debar from PERM for 24 months by not filing any ETA Forms 9089 during that period and not posting any advertisements related to PERM recruitment", counted from its most recent PERM withdrawal. That isn't on DOL's lists. The settlements page has it.
What the bar touches at your stage
A bar works on the employer's next filings. What it means for you depends on how far your case had gone.
| Where your case is | What the bar touches | What still holds | The rule |
|---|---|---|---|
| No PERM filed yet | This employer can't file one until the bar ends | Another employer can file a PERM for you now. Its filing date becomes your priority date | 20 CFR 656.31(f), 8 CFR 204.5(d) |
| PERM filed, then withdrawn | A withdrawn PERM can't support an I-140, so it gives no priority date | If it was filed 365 days or more before your H-1B ran out, ask whether it still counts for an extension (below) | 8 CFR 214.2(h)(13)(iii)(D) |
| PERM certified, I-140 not filed | Cloudera's promise covers ETA Forms 9089 and PERM ads. It says nothing about I-140s | The certification is good for 180 days. Ask whether the employer will file your I-140 inside them | 20 CFR 656.30(b)(1) |
| I-140 approved | Nothing in the bar reaches an approved I-140 | Your priority date is kept for any later petition, by any employer, unless USCIS revokes the approval for one of four reasons | 8 CFR 204.5(e) |
| I-485 pending 180 days or more | This stage is USCIS's | You can move to a same or similar job with a new employer | INA 204(j), 8 CFR 245.25 |
The four reasons a priority date is lost are set out in 8 CFR 204.5(e)(2):
- fraud or willful misrepresentation
- DOL revoking the labor certification
- USCIS or the State Department invalidating it
- a material error in the approval
An employer's bar on filing isn't one of them.
Your H-1B while the bar lasts
The bar doesn't touch H-1B filings, by this employer or another. Three rules matter.
- Past six years, on a filing 365 days old. H-1B time can be extended a year at a time once a PERM or I-140 was filed for you at least 365 days earlier, and the H-1B employer "need not be the employer that filed" it (8 CFR 214.2(h)(13)(iii)(D)(1), (6)). The extensions stop when the application is denied, revoked or "administratively or otherwise close[d]" ((D)(2)). The regulation doesn't say whether a withdrawal counts as closed, so ask the attorney before relying on a withdrawn PERM.
- Past six years, on an approved I-140. With an approved I-140 and a green card line that isn't current for your country, H-1B time can be extended three years at a time, by any employer ((h)(13)(iii)(E)).
- Moving to a new employer. A new H-1B employer can file for you, and you can start work when it files, or on the start date it asks for if that's later ((h)(2)(i)(H)).
The 365 days run from a filing, and one filing's days can't be added to another's ((D)(8)). If you're changing employers to get a PERM filed, the sooner it's filed, the sooner it counts.
What to do now
Write down your dates, check where your case stands, and ask three questions.
Write down your dates
The PERM filing date, any withdrawal date, the I-140 approval date, the I-485 receipt date, and the day your H-1B time runs out. Every rule above turns on one of them.
Check your case
Put your case number into case status to see DOL's current status. A withdrawn case shows WITHDRAWN. If you don't have the number, find it by employer.
Ask the attorney three questions
Was my PERM withdrawn, and does its filing still count toward an H-1B extension? If it was certified, will the employer file my I-140 inside the 180 days? If my I-140 is approved, which petition keeps my priority date if I move?
Nothing here is legal advice. Your options depend on your dates, and the attorney has them.
What this guide can't tell you
This guide can't tell you what your employer will do, whether a withdrawn PERM still counts, or another settlement's terms.
- Whether your employer will keep your job or file your I-140. Those are its decisions.
- Whether a withdrawn PERM keeps counting toward an H-1B extension. The regulation names denial, revocation and closing, and doesn't name withdrawal.
- Another settlement's terms. Each agreement sets its own. This guide quotes Cloudera's because it's the one with a bar on PERM.
