Changes to the PERM labor certification process is on the horizon.
On Oct. 23, 2026, the White House’s Office of Information and Regulatory Affairs (OIRA) cleared a Department of Labor (DOL) proposal (RIN 1205-AC29) to modernize the PERM labor certification process. Public release of a proposed rule may be on the horizon; followed by a notice-and-comment period as well as issuance of a final rule that will put any changes into effect.
The PERM labor certification process is a key method for employers to sponsor foreign national workers for employment-based green cards. The PERM process has not received a significant update since 2004. Thus, stakeholders can expect the proposal to contain updates to required and acceptable methods of recruitment to better reflect how employers currently recruit and hire talent.
However, the DOL has stated that the proposal will also contain additional enforcement-related updates, including:
- Raising the minimum standards for recruiting qualified U.S. workers;
- Strengthening safeguards for U.S. workers affected by layoffs; and
- Improving employer compliance with non-discriminatory recruitment and hiring practices and record retention requirements.
This development comes amid broader efforts by the DOL and the Department of Justice to identify and prosecute large tech companies and other employers that they allege failed to follow established PERM guidelines.
Although there are no immediate changes, employers should anticipate that the PERM process will soon require:
- More demanding recruitment;
- Closer scrutiny of any recent layoffs; and
- Heavier recordkeeping obligations.
Employers should review their internal processes to ensure compliance and that current PERM recruitment efforts mirror their general recruitment efforts.
Please reach out to your Jackson Lewis attorney with any questions and assistance in auditing internal processes for compliance.