DOL Proposes Major PERM Overhaul Targeting Recruitment Standards, Layoff Rules and Non-Discrimination Compliance
Updated: 10 hours ago
WASHINGTON, September 15, 2026 — The Department of Labor has launched the regulatory process to rewrite key parts of the PERM labour certification program, with a proposed rule now under review at the Office of Management and Budget.
According to DOL's own description of the proposal, the rule would tighten the minimum standards employers must meet when testing the U.S. labour market, strengthen requirements tied to the layoff of U.S. workers, and reinforce employer obligations under non-discrimination rules governing recruitment and hiring.
The substance of the proposal will not be public until it is published in the Federal Register, after which DOL is expected to accept comments for 30 or 60 days.
What the Proposal Would Change
Area | Stated Direction of Change |
Labour market test | Revise minimum recruitment standards for qualified U.S. workers |
Layoff rules | Strengthen PERM provisions relating to U.S. worker layoffs |
Non-discrimination | Enhance employer compliance obligations in recruitment and hiring |
The planned rule was flagged in DOL's regulatory agenda released in July 2026, meaning this is a long-signalled action rather than an abrupt one.
Why PERM Matters
PERM is the labour certification stage that most employment-based green card applicants must clear before an employer can file an immigrant petition. The employer must demonstrate that no qualified U.S. worker was available for the role, and must have conducted recruitment in line with DOL-prescribed standards.
Because PERM sits at the very start of the green card pipeline, any change to recruitment or layoff standards has knock-on effects across the entire process — affecting job advertisements, interview records, prevailing wage determinations and the timing of filings.
The program is already operating under considerable strain. As of August 31, 2026, DOL was processing analyst reviews for PERM applications filed in November 2025 and earlier, with an average analyst review time of 336 calendar days — a modest improvement from 372 days in July but still far beyond the statutory norm.
A Pattern of Increased Regulatory Activity
This proposal is the latest in a series of actions targeting business immigration:
Date | Action |
March 2026 | DOL proposes raising minimum required wages for PERM, H-1B and other wage-regulated programmes |
August 2026 | DHS proposes $103,265 fee on H-1B cap-subject petitions |
August 2026 | DHS proposes new OPT employment authorization fees |
September 2026 | DHS finalises expansion of the 9-11 Response Fee to H-1B and L-1 extensions |
September 2026 | DOL proposes PERM programme revisions (this action) |
Taken together, these measures point to a coordinated tightening of the employment-based immigration system — raising costs, extending timelines and increasing compliance burdens on employers.
What Happens Next
Step | Status |
OMB review | Underway |
Federal Register publication | Pending OMB clearance |
Public comment period | 30 or 60 days after publication |
Final rule | After comments reviewed |
Effective date | Specified in final rule |
The rule will not take effect until DOL has reviewed public feedback and issued a final regulation with an implementation date. Historically, this process takes several months, and substantial revisions between proposal and final rule are common.
What Employers Should Do Now
Even before the text is published, employers can begin preparing:
Review current PERM recruitment practices against existing standards to identify where tighter rules would bite
Audit layoff history for roles connected to pending or planned PERM filings
Document non-discrimination compliance in recruitment and hiring decisions
Plan for longer timelines and higher costs in green card sponsorship budgets
Monitor the OMB dashboard for clearance and publication
Prepare to submit comments — employer input carries weight at the proposed rule stage
Read Also
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US H-2B Visa Cap Reached for First Half of FY 2027: Final Receipt Date Was September 4
State Department Resumes Diversity Visa Issuance After Court Order Lifts Trump-Era Pause
Official Resources
Resource | Link |
DOL FLAG System | |
OFLC – PERM Programme | |
OMB Regulatory Review Dashboard | |
Regulations.gov – Comment Portal | |
Federal Register |
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