The U.S. Department of Labor is nearing publication of proposed changes to the PERM labor certification process, which employers use to sponsor foreign workers for employment-based permanent residency.
On October 23, 2026, the White House Office of Information and Regulatory Affairs (OIRA) completed its review of the proposed rule, titled Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program (RIN 1205-AC29).
What is DOL proposing to address?
The actual proposed regulatory language has not yet been published, so we don’t know exactly what these changes will look like. What we do know is that DOL has identified four areas of focus:
- Recruitment Requirements: Modernizing the minimum standards employers must meet when recruiting qualified U.S. workers.
- Worker Protections Following Layoffs: Strengthening safeguards for U.S. workers affected by employer layoffs.
- Fair Recruitment and Hiring: Improving standards intended to ensure nondiscriminatory recruitment and hiring practices.
- Record Retention: Reviewing the documentation and recordkeeping requirements associated with PERM applications.
Why is this significant?
The PERM regulations have not been comprehensively revised since 2004.
Over the past 22 years, recruitment practices have changed dramatically. Online job boards, digital advertising, and electronic application systems have transformed how employers recruit workers.
Yet PERM recruitment requirements continue to reflect many practices established more than two decades ago (HELLO! Newspaper advertisements).
Whether DOL intends to eliminate outdated recruitment methods, modify recruitment timelines, or impose additional requirements remains unknown until the proposed language is released.
What happens next?
The proposed rule must first be published in the Federal Register, followed by a public comment period, before DOL can move forward with a final rule.
No changes to existing PERM requirements have taken effect as a result of this review.
Action Visa will be closely following this proposal and its potential impact on employer recruitment obligations, processing timelines, compliance requirements, and employment-based green card sponsorship.
Publication of the proposed rule appears to be getting closer. On October 23, 2026, the White House Office of Information and Regulatory Affairs (OIRA) completed its review (RIN 1205-AC29).
To stay informed as this proposal moves forward, we recommend setting up Google Alerts using RIN 1205-AC29 as your search term. You can also check back here regularly, as Action Visa will post updates as new developments become available.
Regulatory reference: RIN 1205-AC29
Track the proposal:
https://www.reginfo.gov/public/
Federal Register:
https://www.federalregister.gov/