United States: DOL to Propose PERM Program Changes
September 15, 2026
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At a glance
- The Department of Labor (DOL) has initiated the process to propose a new regulation that would revise the PERM labor market test and other aspects of the labor certification program; the proposal is under review at the Office of Management and Budget.
- According to DOL’s description of the proposed rule, it would revise the minimum standards for PERM recruitment, strengthen rules related to U.S. worker layoffs and enhance employer non-discrimination rules. Details will not be known until the proposed rule is released for publication.
- Once the proposal is published in the Federal Register, DOL will accept public comments for 30 or 60 days.
The issue
The Department of Labor (DOL) has begun the process to propose a new regulation that would revise various aspects of the PERM labor certification program, which is the first step for several employment-based green card applicants and their employers. The proposed regulation is currently being reviewed by the Office of Management and Budget (OMB); once it clears OMB review, it will be published in the Federal Register for a 30- or 60-day public comment period.
The contents of the proposal will remain confidential until released for publication in the Federal Register. However, DOL says that the rule would seek to revise the minimum standards for recruiting qualified U.S. workers in the PERM labor market test and strengthen PERM rules related to U.S. worker layoffs and employer compliance with non-discrimination requirements in recruitment and hiring. Plans for the proposed rule were included in the agency’s regulatory agenda, released in July.
Business immigration has been the focus of increased regulatory action, including by the Department of Labor. In March, the agency proposed increasing minimum required wages for the PERM, H-1B classification and other wage-regulated immigration programs.
What’s next for the proposed PERM rule
Once the proposed PERM regulation clears federal review, it will be published in the Federal Register with a public comment period of 30 or 60 days. The rule would not take effect until DOL reviews the feedback it receives and publishes a final regulation with a specific implementation date.
When the proposal is published, the views of employers will be important to advise DOL about the impact on the business community. Fragomen’s Government Strategies Group is available to assist organizations interested in submitting comments.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
