The U.S. Department of Labor (DOL) has announced plans to modernize the PERM labor certification process, marking the first significant update to the program in more than 20 years. While no proposed regulations have been published yet, the DOL’s Spring 2026 Regulatory Agenda outlines broad reforms designed to reflect today’s hiring practices and strengthen protections for U.S. workers.
If implemented, these changes could affect how employers recruit for PERM positions, document their hiring efforts, and demonstrate compliance when sponsoring foreign workers for employment-based green cards.
What Is PERM?
The Program Electronic Review Management (PERM) labor certification process is the first step in many employment-based green card applications. Before sponsoring a foreign national for permanent residence in most EB-2 and EB-3 cases, employers must obtain PERM certification from the Department of Labor.
The purpose of PERM is to demonstrate that:
- There are no able, willing, qualified, and available U.S. workers for the position.
- Hiring the foreign worker will not adversely affect the wages or working conditions of similarly employed U.S. workers.
The current PERM regulations have remained largely unchanged since 2004, despite dramatic changes in how employers recruit talent.
Why Is the DOL Updating PERM?
According to the Department of Labor, the existing recruitment requirements no longer reflect today’s labor market.
When the PERM regulations were introduced, employers commonly recruited through:
- Newspaper advertisements
- State workforce agencies
- Printed job postings
Today, most employers recruit through:
- Company career websites
- Online job boards
- Professional networking platforms such as LinkedIn
- Industry-specific recruiting websites
- Employee referral programs
The DOL believes the PERM process should better align with modern recruitment practices while continuing to protect opportunities for U.S. workers.
What Changes Could Be Coming?
Although the proposed rule has not yet been released, the DOL’s regulatory agenda identifies several areas that may be updated.
Potential changes include:
Modernized Recruitment Requirements
The DOL is expected to place greater emphasis on digital recruiting methods that employers already use in today’s job market. This could reduce reliance on outdated newspaper advertising requirements.
Updated Labor Market Test Standards
Recruitment requirements may be revised to better reflect current hiring practices while ensuring employers conduct meaningful efforts to recruit qualified U.S. workers.
Increased Scrutiny After Layoffs
Employers that have recently conducted layoffs, restructurings, or workforce reductions may face additional review before receiving PERM certification.
The DOL has indicated that protecting U.S. workers affected by layoffs will be a key focus of the proposed rule.
Enhanced Compliance Requirements
The agency is also considering stronger requirements related to:
- Non-discriminatory recruitment practices
- Recordkeeping
- Documentation supporting recruitment efforts
- Employer compliance obligations
These changes could require employers to maintain more detailed recruitment records during the PERM process.
What Does This Mean for Employers?
If finalized, the proposed reforms could modernize a process that many employers have long considered outdated.
Potential benefits include:
- Recruitment requirements that better match current hiring practices
- Greater flexibility in documenting online recruitment efforts
- A labor certification process that more accurately reflects today’s labor market
However, employers should also prepare for:
- Additional documentation requirements
- Increased government scrutiny in certain cases
- More detailed compliance obligations during recruitment
Companies that have recently experienced layoffs or restructuring may be particularly affected by the proposed changes.
Are the Rules Changing Right Now?
No. At this time, the existing PERM regulations remain fully in effect. Employers must continue following the current recruitment requirements until any new regulations are formally proposed, finalized, and become effective.
The Department of Labor has not yet published the proposed regulatory language.
What Happens Next?
The next step will be the publication of a Notice of Proposed Rulemaking (NPRM).
Once published, the NPRM will:
- Provide the full text of the proposed regulations.
- Open a public comment period.
- Allow employers, immigration attorneys, business organizations, and other stakeholders to submit feedback before any final rule is issued.
Only after completing the federal rulemaking process would the Department of Labor implement any changes to the PERM program.
Key Takeaways
The Department of Labor’s announcement signals that significant changes to the PERM labor certification process may be on the horizon. Although the proposal remains in the early stages, employers should expect updates aimed at modernizing recruitment standards, increasing compliance requirements, and strengthening protections for U.S. workers.
For now, employers should continue following the current PERM rules while monitoring future announcements from the Department of Labor. Businesses planning to sponsor foreign workers for employment-based green cards should stay informed, as these proposed reforms could have a meaningful impact on future PERM filings.
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REBECCA KROLL is an Associate Attorney at Richards and Jurusik who practices exclusively in U.S. immigration law, focusing on both business and family-based immigration. She assists clients with employment-based visas, marriage and family cases, and the U.S. citizenship process. (Full Bio)
