DOL Plans Proposed PERM Modernization Rule

The U.S. Department of Labor is preparing a proposed rule that could update the PERM labor certification process, a key step in many employment-based green card cases. The rule appears in the federal regulatory agenda under RIN 1205-AC29, with a proposed rule expected in July 2026. No final rule has been issued yet, so employers do not need to change current PERM procedures at this time.

The potential rule matters because PERM is an employer-driven process that depends heavily on recruitment, applicant review, job requirements, layoff analysis, and recordkeeping. If DOL changes the rules, employers may need to adjust how they recruit, document U.S. worker applicants, and preserve case files. Foreign national employees may also see changes in timing or strategy for EB-2 and EB-3 green card sponsorship.

Employers planning PERM filings should use this period to review recruitment practices, job descriptions, minimum requirements, and applicant-review documentation. Cases involving recent layoffs, restructuring, remote or hybrid work arrangements, or unusual job requirements may benefit from early strategy review before a proposed rule becomes final.

Source: Federal Regulatory Agenda, RIN 1205-AC29

Disclaimer: This update is for general information only and does not constitute legal advice. Immigration rules and agency guidance can change quickly. Please contact our office about your specific situation.