What’s Happening
The U.S. Department of Labor (“DOL”) has announced plans to significantly modernize the permanent labor certification (“PERM”) program, potentially setting the stage for the most substantial changes to the employer-sponsored green card process in more than two decades.
As part of its Spring 2026 Unified Agenda, DOL added a proposed rule titled “Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program.” The rulemaking, identified as RIN 1205-AC29, is currently at the proposed rule stage. DOL initially targeted July 2026 for publication of a Notice of Proposed Rulemaking (“NPRM”), but no proposed regulatory text has yet been published.
Importantly, there are no changes to the PERM process at this time. The Unified Agenda reflects DOL’s intention to pursue rulemaking, but it does not itself create new requirements. Employers should continue to initiate and process PERM cases under the existing regulations.
Why Is DOL Revisiting PERM?
The PERM labor certification process is required for employer-sponsored permanent residence cases in the EB-2 and EB-3 categories. In order for the DOL to certify a PERM application, the employer must establish, among other requirements, that there are not sufficient U.S. workers who are able, willing, qualified, and available for the offered position and that employment of the foreign national will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The DOL notes that the regulations governing PERM have not been comprehensively revised since 2004, despite significant changes in technology, recruitment practices, and the broader labor market. The agency has stated that the rulemaking is intended to modernize the standards and procedures governing labor certification so that the PERM process better reflects current labor-market conditions while continuing to protect employment opportunities for U.S. workers.
The DOL argues that current PERM regulations continue to prescribe recruitment methods developed for an earlier labor market, while employers today increasingly recruit through online platforms, company career sites, professional networks, and other technology-driven channels. The forthcoming rulemaking may therefore result in meaningful changes to how employers conduct and document the PERM labor-market test.
What Could Change?
Although the DOL has not yet released proposed regulatory language, its regulatory agenda identifies several areas of focus. In particular, DOL has indicated that the rulemaking will address:
improving the minimum standards for recruiting qualified U.S. workers;
strengthening safeguards for U.S. workers affected by layoffs;
enhancing employer compliance with nondiscriminatory recruitment and hiring requirements; and
strengthening record-retention and related compliance obligations.
Based on these stated priorities, proposed regulatory changes could affect recruitment methods and timing, applicant review and rejection documentation, layoff analyses, record-retention practices, audit standards, and broader employer compliance obligations. However, the scope of any changes will not be known until DOL publishes the NPRM.
What Does This Mean for Employers?
For now, employers do not need to change their PERM practices. No NPRM has been published, no public comment period has opened, and existing PERM regulations remain in effect.
Employers should nevertheless closely monitor this development, particularly organizations with significant PERM programs or recent workforce reductions. In the meantime, employers should continue to maintain complete recruitment records, carefully document the consideration of U.S. applicants, and coordinate with immigration counsel regarding workforce changes that may affect PERM filings.
The regulatory agenda also does not address how any future rule would apply to PERM cases that are already underway. Questions regarding effective dates, transition periods, or potential grandfathering will need to be evaluated once the NPRM is published.
Once an NPRM is published in the Federal Register, it will contain the actual proposed regulatory language and provide an opportunity for public comment. DOL may revise the proposal after considering stakeholder feedback before issuing a final rule. Any new requirements would take effect only in accordance with the final rule’s effective-date and applicability provisions.
D&S will continue to closely monitor this rulemaking and will provide additional guidance once DOL publishes the proposed regulations, including regarding any potential impact on pending and future PERM cases.
This alert is for general informational purposes only and does not constitute legal advice. Please consult D&S immigration counsel regarding your specific circumstances. D&S Senior Associate, Paulina Baginska, assisted with the preparation of this alert.