United States: Rule Proposing PERM Changes Clears Federal Review
October 26, 2026
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At a glance
- The Office of Management and Budget has cleared a Department of Labor (DOL) proposed rule that would revise the PERM labor market test and other aspects of the labor certification program.
- The specific content of the proposal will not be known until publication, but 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.
- Once the proposal is published in the Federal Register, it is expected that DOL will accept public comments for 30 or 60 days. The regulation will not take effect until public comments are considered and the rule is finalized.
The issue
The Office of Management and Budget (OMB) has completed its review of a proposed Department of Labor (DOL) regulation that would revise various aspects of the PERM labor certification program, which has not been updated since 2005. The next step for the proposed regulation is publication 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. The PERM program has also been a focus of recent DOL investigation and enforcement initiatives.
What’s next for the proposed PERM rule
The proposed PERM regulation 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 and Compliance 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.
