The Instacart PERM settlement announced on October 20, 2026, is a warning for every company that sponsors workers. At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. That day, the Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) announced a $5 million settlement with Maplebear Inc., the company that operates Instacart, over alleged discrimination against U.S. workers in its recruiting for the PERM program.
If a company is sponsoring you for permanent residence, the question is immediate: does it affect my case? Below, we explain what is known, what is not, and what you can do.
What does the Instacart PERM settlement include?
According to the joint release, between December 2023 and February 2026 Instacart required that applications for positions advertised as part of the PERM process be physically mailed, while its regular job openings accepted electronic applications. The government alleges that this difference deterred U.S. candidates and favored the temporary visa holders the company wanted to sponsor.
The settlement includes a fund of up to $4 million to compensate applicants and people who were deterred from applying, plus $1 million in civil penalties. Instacart must post PERM positions on its public careers site, accept electronic applications, train staff, and submit to monitoring. The agencies invoked the Immigration and Nationality Act (citizenship status discrimination) and Title VII of the Civil Rights Act (national origin).
“We will not stop fighting for U.S. workers until there is a fair playing field,” said Assistant Attorney General for Civil Rights Harmeet K. Dhillon. Instacart told the Associated Press that its practices complied with the law and that it settled to stay focused on its business. It is worth stressing: this is an administrative settlement, not a court judgment, and the company maintains it followed the law.
What is PERM, and why is the government watching employers?
PERM (permanent labor certification) is the first step in most employment-based green cards. The employer must show the Department of Labor that it made a good-faith effort to recruit U.S. workers and found none who were qualified and available. Only with that certification can it file the I-140 petition with U.S. Citizenship and Immigration Services (USCIS).
The problem arises when recruiting is designed to find no one. Requiring mailed applications or applying requirements that differ from the real job are practices the DOJ has pursued for years. Facebook paid $14 million in 2021 and Apple $25 million in 2023 over similar allegations; according to reports, OpenAI reached a $3.2 million settlement in August 2026.
In 2026, pressure came on another front: the Department of Labor suspended PERM access for Microsoft, Adobe, and six IT firms while it investigates their use of the program, as we explained in our article on the suspension of Microsoft, Adobe, and six IT firms from PERM. The Instacart case differs in form (a penalty, not a suspension), but it follows the same logic: the government is scrutinizing how companies recruit before they sponsor.
What happens to the workers Instacart sponsored?
This is the question the release does not answer. The settlement penalizes the employer for how it treated U.S. candidates; it does not mention the labor certifications or petitions of the foreign workers Instacart sponsored during that period, and it does not order them canceled. News like this does not automatically void an approved PERM, an I-140, or a valid H-1B visa.
That said, the risk is not zero. PERM regulations allow the Department of Labor to audit, supervise, and, in cases of fraud or willful misrepresentation, invalidate or revoke certifications that were already approved. If it were to conclude that a specific recruitment was not genuine, the certification for that position could be called into question, and with it the I-140 that depended on it. As of this article, no such announcement has been made regarding Instacart.
Attorney Alejandra Campos notes that the sponsored worker is not responsible for how the employer recruits: the company and its attorneys design the PERM process. That does not erase the practical consequences if the process collapses, but it does make a difference when looking for alternatives.
What can you do if your employer is sponsoring you?
- Identify your stage: a PERM in recruitment, a certified PERM, an approved I-140, and a pending adjustment of status (I-485) each carry different protections.
- Keep copies of your file: the labor certification (ETA-9089), the I-140 approval with its priority date, your H-1B or other visa approvals, and all correspondence with USCIS.
- Ask your employer, in writing, whether its PERM process is under audit, investigation, or a government settlement. Your residence depends on it.
- Understand portability: an approved I-140 generally keeps its priority date even if you change employers, unless it is revoked for fraud or error. And if your I-485 has been pending more than 180 days, the law allows you to move to a similar job without losing the process.
- Do not make rushed decisions: quitting, switching employers, or leaving the country without advice can cost you your status or your priority date.
- Consult our immigration attorneys: we can review your file and prepare a plan B before you need it.
Protect Your Immigration Status with Campos Law Firm
The Instacart settlement confirms a trend: the government is examining how companies use PERM, and sponsored workers are caught in the middle of a dispute they did not start. Your case depends on your stage, the process your employer ran, and the alternatives you have prepared. In a country where every decision can change your future, having the right information is your best tool.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
With information from the EEOC and the Department of Justice, AP, and VisaVerge.
