The U.S. Department of Labor has sent a proposed overhaul of the Labor certification (PERM)The Department of Labor process in which an employer shows that no qualified U.S. worker is available for a position, required for most EB-2 and EB-3 petitions.See it in the glossary labor certification process to the White House for regulatory review, marking a formal step toward possible changes in how employers recruit U.S. workers before sponsoring certain foreign workers for permanent residence.
The Office of Information and Regulatory Affairs, or OIRA, lists the proposal as received on September 14, 2026. The action is titled “Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant visaA visa issued at a consulate to a person intending to live permanently in the United States. On admission the holder becomes a permanent resident.See it in the glossary Program” and carries Regulatory Information Number 1205-AC29.
What the official record confirms
The proposal is a Notice of Proposed Rulemaking (NPRM)A formal announcement of a rule an agency intends to adopt, usually open for public comment before it takes effect.See it in the glossary, not a Final ruleThe version of a federal regulation that an agency publishes in the Federal Register after reviewing public comments on a proposed rule. It sets an effective date, which generally falls at least 30 days after publication, and its text is added to the Code of Federal Regulations.See it in the glossary. OIRA review normally occurs before an agency releases a proposed rule for public comment. The proposal’s full text has not yet been published in the Federal RegisterThe daily journal of the U.S. government where proposed and final rules, notices and executive orders are published.See it in the glossary, and no new PERM requirements are currently in effect because of this review.
DOL’s 2026 regulatory agenda entry says the department plans to modernize the standards and procedures used to receive and review permanent labor certification applications. The governing regulations are found in 20 CFR Part 656.
Areas DOL says it plans to address
According to the agenda, the proposed rule is expected to examine several parts of the existing PERM process:
- minimum recruitment standards used to test whether qualified U.S. workers are available;
- safeguards for U.S. workers affected by layoffs;
- employer compliance with nondiscriminatory recruitment and hiring requirements; and
- record-retention obligations connected to PERM applications.
DOL says the PERM regulations have not been comprehensively revised since 2004 and that changes in technology and recruitment practices have altered how employers hire workers. The agency describes its goal as a process that better reflects current labor-market conditions while allowing access to employment-based immigration where genuine high-skilled labor shortages exist.
What remains unknown
The agenda describes DOL’s policy objectives, but it does not contain the proposed regulatory text. Important details remain unavailable, including whether DOL will change recruitment steps, advertising methods, layoff-related attestations, audit procedures, processing requirements, or employer documentation standards.
Those details will become clear only if and when the proposal clears OIRA review and is published in the Federal Register. A proposed rule would generally include a public-comment period before DOL could issue a final rule.
How PERM fits into the green card process
A permanent labor certification from DOL allows an employer to proceed with sponsoring a foreign worker for permanent employment in many EB-2 and EB-3 cases. Under federal law, DOL must certify that there are not sufficient U.S. workers who are able, willing, qualified, and available for the position and that employing the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
DOL’s official PERM program page explains the current process. Employers and workers should continue following the existing rules while the proposal remains under review.
What happens next
OIRA may complete its review, return the proposal to DOL, or continue reviewing it. If the proposal is released, TR Immigration will review the Federal Register text, identify any proposed effective dates and comment deadlines, and explain which employers and workers could be affected.